AN ACT relating to
recycling; providing for the placement of recycling containers on the premises
of certain apartment complexes and condominiums; and providing other matters
properly relating thereto.

Legislative Counsels Digest:

Existing law requires the State Environmental Commission
to adopt regulations establishing minimum standards for separating, at the
source, recyclable material from other solid waste originating from residential
premises and public buildings where services for the collection of solid waste
are provided. (NRS 444A.020) Existing law requires the Division of
Environmental Protection of the State Department of Conservation and Natural
Resources to adopt, by regulation, a model plan for that purpose. (NRS
444A.030) Existing law imposes a similar requirement upon the board of county
commissioners in a county whose population is 100,000 or more (currently Clark
and Washoe Counties) by requiring those boards to make available for use in
those counties a program for the separation at the source of recyclable
material from other solid waste originating from residential premises and
public buildings where services for the collection of solid waste are provided.
(NRS 444A.040) However, unlike the requirement imposed upon the Commission and
the Division concerning recyclable material, the requirement imposed upon those
boards of county commissioners specifically set forth a requirement that the
recycling program of the board include provisions for the placement of
recycling containers on the premises of apartment complexes and condominiums
where those services are provided. Sections 1 and 2 of this bill revise
the requirement concerning the adoption of regulations by the Commission and
the Division for the separation of recyclable material at the source to require
those regulations to include provisions for the placement of recycling
containers on the premises of apartment complexes and condominiums where those
services are provided.

EXPLANATION  Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.

(a) Separating at the source recyclable material from
other solid waste originating from residential premises and public buildings
where services for the collection of solid waste are provided[.] , including, without limitation, the
placement of recycling containers on the premises of apartment complexes and
condominiums where those services are provided.

(b) Establishing recycling centers for the collection
and disposal of recyclable material.

(c) The disposal of hazardous household products which
are capable of causing harmful physical effects if inhaled, absorbed or
ingested.

2. The regulations adopted pursuant to subsection 1
must be adopted with the goal of recycling at least 25 percent of the total
solid waste generated within a municipality after the second full year
following the adoption of such standards.

(a) Separating at the source recyclable material from
other solid waste originating from residential premises and public buildings
where services for the collection of solid waste are provided[.] , including, without limitation, the
placement of recycling containers on the premises of apartment complexes and
condominiums where those services are provided.

(b) Establishing recycling centers for the collection
and disposal of recyclable material in areas where there are no centers.

(c) The disposal of hazardous household products which
are capable of causing harmful physical effects if inhaled, absorbed or ingested.

(d) The disposal of infectious waste, hazardous waste
which is not regulated pursuant to NRS 459.485 and liquid waste which is not
regulated pursuant to NRS 445A.300 to 445A.730, inclusive.

2. The model plans adopted pursuant to subsection 1
must not conflict with the standards adopted by the State Environmental
Commission pursuant to NRS 444A.020.

Sec. 3. The State Environmental Commission shall, on
or before October 1, 2011, in accordance with the provisions of NRS 444A.020,
as amended by section 1 of this act, adopt regulations establishing minimum
standards for the placement of recycling containers on the premises of
apartment complexes and condominiums where services for the collection of solid
waste are provided.

Sec. 4. This act
becomes effective:

1. Upon passage and approval for the purpose of adopting
regulations; and

2. On October 1, 2011, for all other purposes.

________

κ2011
Statutes of Nevada, Page 1321κ

CHAPTER 255, SB 411

Senate Bill No. 411Committee on Commerce, Labor and
Energy

CHAPTER 255

[Approved:
June 4, 2011]

AN ACT relating to
nursing; providing for the certification by the State Board of Nursing of
nursing assistants as medication aides - certified; prescribing the acts a
medication aide - certified may perform; authorizing a medication aide -
certified to possess and administer certain drugs and medications in certain
medical facilities; authorizing the Board to establish certain fees and
charges; prohibiting certain acts relating to medication aides - certified;
providing a penalty; and providing other matters properly relating thereto.

Legislative Counsels Digest:

Existing law provides for the regulation of nursing
assistants. (NRS 632.285-632.286) Sections 3-11 of this bill provide for
the certification by the State Board of Nursing of nursing assistants as
medication aides - certified. Section 10 prescribes the duties a
medication aide - certified may perform. Sections 10 and 39 of this bill
authorize medication aides - certified to possess and administer drugs and
medications other than controlled substances to patients in certain medical
facilities designated by the Board. Sections 12-28 of this bill revise
provisions administered by the Board to include medication aides - certified. Section
14 of this bill extends the authority of the Advisory Committee on Nursing
Assistants to medication aides - certified. Sections 16 and 24 of this
bill authorize the Board to adopt regulations and establish certain fees and
charges applicable to medication aides - certified. Section 21 of this
bill authorizes the Board to take certain disciplinary action against
medication aides - certified. Sections 1, 2 and 28-38 of this bill
expand the applicability of certain provisions that are currently applicable to
nursing assistants to include medication aides - certified. Section 31
provides for certain criminal penalties for a person who commits assault upon
certain persons, including medication aides - certified, who are performing their
official duties if the assault is based upon the performance of those duties.

EXPLANATION  Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS
630.293 is hereby amended to read as follows:

630.293 1. A physician or any agent or employee
thereof shall not retaliate or discriminate unfairly against:

(a) An employee of the physician or a person acting on
behalf of the employee who in good faith:

(1) Reports to the Board of Medical Examiners
information relating to the conduct of the physician which may constitute
grounds for initiating disciplinary action against the physician or which
otherwise raises a reasonable question regarding the competence of the
physician to practice medicine with reasonable skill and safety to patients; or

(2) Reports a sentinel event to the Health
Division of the Department of Health and Human Services pursuant to NRS
439.835;

(b) A registered nurse, licensed practical nurse , [or]
nursing assistant or medication aide - certified who is
employed by or contracts to provide nursing services for the physician and who:

(1) In good faith, reports to the physician, the
Board of Medical Examiners, the State Board of Nursing, the Legislature or any
committee thereof or any other governmental entity:

(I) Any information concerning the willful
conduct of another registered nurse, licensed practical nurse , [or]
nursing assistant or medication aide - certified which
violates any provision of chapter 632 of NRS or which is required to be
reported to the State Board of Nursing;

(II) Any concerns regarding patients who may
be exposed to a substantial risk of harm as a result of the failure of the
physician or any agent or employee thereof to comply with minimum professional
or accreditation standards or applicable statutory or regulatory requirements;
or

(III) Any other concerns regarding the
physician, the agents and employees thereof or any situation that reasonably
could result in harm to patients; or

(2) Refuses to engage in conduct that would
violate the duty of the registered nurse, licensed practical nurse , [or]
nursing assistant or medication aide - certified to
protect patients from actual or potential harm, including, without limitation,
conduct which would violate any provision of chapter 632 of NRS or which would
subject the registered nurse, licensed practical nurse , [or]
nursing assistant or medication aide - certified to
disciplinary action by the State Board of Nursing; or

(c) An employee of the physician, a person acting on
behalf of the employee or a registered nurse, licensed practical nurse , [or]
nursing assistant or medication aide - certified who is
employed by or contracts to provide nursing services for the physician and who
cooperates or otherwise participates in an investigation or proceeding
conducted by the Board of Medical Examiners or another governmental entity
relating to conduct described in paragraph (a) or (b).

2. A physician or any agent or employee thereof shall
not retaliate or discriminate unfairly against an employee of the physician or
a registered nurse, licensed practical nurse , [or]
nursing assistant or medication aide - certified who is
employed by or contracts to provide nursing services for the physician because
the employee, registered nurse, licensed practical nurse , [or]
nursing assistant or medication aide - certified has taken
an action described in subsection 1.

3. A physician or any agent or employee thereof shall
not prohibit, restrict or attempt to prohibit or restrict by contract, policy,
procedure or any other manner the right of an employee of the physician or a
registered nurse, licensed practical nurse ,[or]
nursing assistant or medication aide - certified who is
employed by or contracts to provide nursing services for the physician to take
an action described in subsection 1.

4. As used in this section:

(a) Good faith means honesty in fact in the reporting
of the information or in the cooperation of the investigation concerned.

(b) Retaliate or discriminate:

(1) Includes, without limitation, any of the
following actions if taken solely because the employee, registered nurse,
licensed practical nurse , [or]
nursing assistant or medication aide - certified took an
action described in subsection 1:

(I) Frequent or undesirable changes in the
location where the person works;

(II) Frequent or undesirable transfers or
reassignments;

(III) The issuance of letters of reprimand,
letters of admonition or evaluations of poor performance;

(IV) A demotion;

(V) A reduction in pay;

(VI) The denial of a promotion;

(VII) A suspension;

(VIII) A dismissal;

(IX) A transfer; or

(X) Frequent changes in working hours or
workdays.

(2) Does not include an
action described in sub-subparagraphs (I) to (X), inclusive, of subparagraph
(1) if the action is taken in the normal course of employment or as a form of
discipline.

Sec. 2. NRS 630.296 is
hereby amended to read as follows:

630.296 1. An employee of a physician or a registered
nurse, licensed practical nurse , [or]
nursing assistant or medication aide - certified who is
employed by or contracts to provide nursing services for the physician and who
believes that he or she has been retaliated or discriminated against in
violation of NRS 630.293 may file an action in a court of competent
jurisdiction.

2. If a court determines that a violation of NRS
630.293 has occurred, the court may award such damages as it determines to have
resulted from the violation, including, without limitation:

(a) Compensatory damages;

(b) Reimbursement of any wages, salary, employment
benefits or other compensation denied to or lost by the employee, registered
nurse, licensed practical nurse , [or]
nursing assistant or medication aide - certified as a
result of the violation;

(c) Attorneys fees and costs, including, without
limitation, fees for expert witnesses; and

(d) Punitive damages, if the facts warrant.

3. The court shall award interest on the amount of
damages at a rate determined pursuant to NRS 17.130.

5. If any action to retaliate or discriminate is taken
against an employee, registered nurse, licensed practical nurse , [or]
nursing assistant or medication aide - certified within 60
days after the employee, registered nurse, licensed practical nurse , [or]
nursing assistant or medication aide - certified takes any
action described in subsection 1 of NRS 630.293, there is a rebuttable
presumption that the action taken against the employee, registered nurse,
licensed practical nurse , [or]
nursing assistant or medication aide - certified constitutes
retaliation or discrimination in violation of NRS 630.293.

6. A physician or any agent or employee thereof that
violates the provisions of NRS 630.293 is subject to a civil penalty of not
more than $10,000 for each violation. The Attorney General or any district
attorney of this State may recover the penalty in a civil
action brought in the name of the State of Nevada in any court of competent
jurisdiction.

this State may recover the penalty in a civil action brought
in the name of the State of Nevada in any court of competent jurisdiction.

7. Any action under this section must be brought not
later than 2 years after the date of the last event constituting the alleged
violation for which the action is brought.

8. As used in this section, retaliate or discriminate has
the meaning ascribed to it in NRS 630.293.

Sec. 3. Chapter 632
of NRS is hereby amended by adding thereto the provisions set forth as
sections 4 to 11, inclusive, of this act.

Sec. 4. Authorized
medications means all prescription and nonprescription drugs and medications other
than controlled substances.

Sec. 5. (Deleted by amendment.)

Sec. 6. Designated
facility means a medical facility designated by the Board as a facility in
which certified medication aides may practice.

Sec. 6.5. Medication aide - certified means a nursing assistant who is certified
by the Board to administer authorized medications in designated facilities.

Sec. 7. 1.
Any person who practices or offers to practice as a medication aide -
certified in this State shall submit evidence that he or she is qualified to
practice and must be certified to practice as a medication aide - certified as
provided in this chapter.

2. It is
unlawful for any person to practice or to offer to practice as a medication
aide - certified in this State or to use any title, abbreviation, sign, card or
device to indicate that the person is practicing as a medication aide -
certified in this State unless the person is certified as a medication aide -
certified pursuant to the provisions of this chapter.

3. The Executive
Director of the Board may, on behalf of the Board, issue an order to cease and
desist to any person who practices or offers to practice as a medication aide -
certified without a certificate to practice as a medication aide - certified
issued pursuant to the provisions of this chapter.

4. The
Executive Director of the Board shall forward to the appropriate law
enforcement agency any information submitted to the Board concerning a person
who practices or offers to practice as a medication aide - certified without a
certificate to practice as a medication aide - certified issued pursuant to the
provisions of this chapter.

Sec. 8. 1.
An applicant for a certificate to practice as a medication aide - certified
must submit proof satisfactory to the Board that the applicant:

(a) Holds a
certificate to practice as a nursing assistant in this State;

(b) Has
completed at least 1 year of continuous full-time employment as a nursing
assistant in a medical facility in this State and is currently employed at a
medical facility;

(c) Has a high
school diploma or its equivalent;

(d) Has
successfully completed a literacy and reading comprehension screening process
approved by the Board;

(e) Has
successfully completed a training course for medication aides - certified of at
least 100 hours that is approved by the Board;

(f) Has passed
an examination on such subjects as are required by the Board; and

(g) Meets such
other reasonable requirements as the Board prescribes by regulation.

2. An applicant
who is licensed or certified as a medication aide in another state or territory
of the United States may be certified in this State by endorsement if the
applicant submits proof satisfactory to the Board that the applicant:

(a) Holds a
certificate to practice as a nursing assistant in another state or territory of
the United States;

(b) Has
completed at least 1 year of continuous full-time employment as a nursing assistant
in a medical facility in another state or territory of the United States and is
currently employed at a medical facility;

(c) Has a high
school diploma or its equivalent;

(d) Has passed
an examination determined by the Board to be equivalent to the examination
required by paragraph (f) of subsection 1;

(e) Has
completed training determined by the Board to be equivalent to the training
required by paragraph (e) of subsection 1; and

(f) Meets such
other reasonable requirements as the Board prescribes by regulation.

3. The Board
shall issue a certificate to practice as a medication aide - certified to each
applicant who meets the requirements of this section.

2. If a
designated facility elects to employ one or more medication aides - certified,
the facility shall notify the Board in the manner prescribed by the Board.

Sec. 10. 1.
A medication aide - certified may only administer authorized medications and
perform related tasks at a designated facility under the supervision of an
advanced practitioner of nursing or a registered nurse and in accordance with
standard protocols developed by the Board.

2. Except as
otherwise provided by subsection 4, a medication aide - certified may only
administer authorized medications by the following methods:

4. The Board
may adopt regulations authorizing or prohibiting any additional activities of a
medication aide - certified.

5. As used in
this section, supervision means active oversight of the patient care services
provided by a medication aide - certified while on the premises of a designated
facility.

Sec. 11. It
is unlawful for any person:

1. To sell or
fraudulently obtain or furnish a certificate to practice as a medication aide -
certified;

2. To practice
as a medication aide - certified pursuant to a certificate that was illegally
or fraudulently obtained or was signed or issued unlawfully or under fraudulent
representation; or

3. To conduct a
training course for medication aides - certified unless the training course has
been approved by the Board.

Sec. 12. NRS
632.010 is hereby amended to read as follows:

632.010 As used in this chapter, unless the context
otherwise requires, the words and terms defined in NRS 632.011 to 632.0195,
inclusive, and sections 4, 6 and 6.5 of this act have the
meanings ascribed to them in those sections.

Sec. 13. NRS
632.0135 is hereby amended to read as follows:

632.0135 Certificate means a document which
authorizes a person to practice as a nursing assistant[.] or medication aide - certified.

Sec. 14. NRS
632.072 is hereby amended to read as follows:

632.072 1. The Advisory Committee on Nursing
Assistants[,]and Medication Aides, consisting of [10]11 members appointed
by the Board, is hereby created.

2. The Board shall appoint to the Advisory Committee:

(a) One representative of facilities for long-term care;

(b) One representative of medical facilities which
provide acute care;

(c) One representative of agencies to provide nursing in
the home;

(d) One representative of the Health Division of the
Department of Health and Human Services;

(e) One representative of the Division of Health Care
Financing and Policy of the Department of Health and Human Services;

(f) One representative of the Aging and Disability
Services Division of the Department of Health and Human Services;

(g) One representative of the American Association of
Retired Persons or a similar organization;

632.073 1. In addition to the Advisory Committee on
Nursing Assistants and Medication Aides created by NRS
632.072, the Board may appoint such other advisory committees as it deems
appropriate.

2. The members of any advisory committee appointed
pursuant to subsection 1 are not entitled to be paid a salary or to receive per
diem allowances for conducting the business of the
advisory committee, but the Board may authorize reimbursement for the actual
expenses incurred by a member for traveling to and from a meeting of the
advisory committee.

allowances for conducting the business of the advisory
committee, but the Board may authorize reimbursement for the actual expenses
incurred by a member for traveling to and from a meeting of the advisory committee.

Sec. 16. NRS
632.120 is hereby amended to read as follows:

632.120 1. The Board shall:

(a) Adopt regulations establishing reasonable standards:

(1) For the denial, renewal, suspension and
revocation of, and the placement of conditions, limitations and restrictions
upon, a license to practice professional or practical nursing or a certificate
to practice as a nursing assistant[.] or medication aide - certified.

(2) Of professional conduct for the practice of
nursing.

(3) For prescribing and dispensing controlled
substances and dangerous drugs in accordance with applicable statutes.

(b) Prepare and administer examinations for the issuance
of a license or certificate under this chapter.

(c) Investigate and determine the eligibility of an applicant
for a license or certificate under this chapter.

(d) Carry out and enforce the provisions of this chapter
and the regulations adopted pursuant thereto.

2. The Board may adopt regulations establishing
reasonable:

(a) Qualifications for the issuance of a license or
certificate under this chapter.

(b) Standards for the continuing professional competence
of licensees or holders of a certificate. The Board may evaluate licensees or
holders of a certificate periodically for compliance with those standards.

3. The Board may adopt regulations establishing a
schedule of reasonable fees and charges, in addition to those set forth in NRS
632.345, for:

(a) Investigating licensees or holders of a certificate
and applicants for a license or certificate under this chapter;

(b) Evaluating the professional competence of licensees
or holders of a certificate;

(c) Conducting hearings pursuant to this chapter;

(d) Duplicating and verifying records of the Board; and

(e) Surveying, evaluating and approving schools of
practical nursing, and schools and courses of professional nursing,

Κ and collect
the fees established pursuant to this subsection.

4. For the purposes of this chapter, the Board shall,
by regulation, define the term in the process of obtaining accreditation.

5. The Board may adopt such other regulations, not
inconsistent with state or federal law, as may be necessary to carry out the
provisions of this chapter relating to nursing assistant trainees ,[and]
nursing assistants[.] and medication aides - certified.

6. The Board may adopt such other regulations, not
inconsistent with state or federal law, as are necessary to enable it to
administer the provisions of this chapter.

Sec. 17. NRS
632.122 is hereby amended to read as follows:

632.122 The Board may:

1. Accept gifts or grants of money to pay for the costs
of administering the provisions of this chapter.

2. Enter into contracts with other public agencies and
accept payment from those agencies to pay the expenses incurred by the Board in
carrying out the provisions of this chapter relating to
nursing assistant trainees , [and] nursing assistants [.]

out the provisions of this chapter relating to nursing
assistant trainees , [and]
nursing assistants[.] and medication aides - certified.

Sec. 18. NRS
632.125 is hereby amended to read as follows:

632.125 1. Each hospital or agency in the State
employing professional or practical nurses , [or]
nursing assistants or medication aides - certified shall
submit a list of such nursing personnel to the Board at least three times
annually as directed by the Board. Except as otherwise provided in NRS
239.0115, each list submitted to the Board pursuant to this subsection is
confidential.

2. A medical facility shall, before hiring a nursing
assistant , [or]
nursing assistant trainee[,] or medication aide - certified, obtain
validation from the Board that the prospective employee has a current
certificate, is enrolled in a training program required for certification or is
awaiting the results of a certification examination.

Sec. 19. NRS
632.286 is hereby amended to read as follows:

632.286 1. The Board shall supply the Health Division
of the Department of Health and Human Services upon request with a list of each
training program approved by the Board.

2. The Board shall share with each state agency which
regulates medical facilities and facilities for the dependent any information
the Board receives concerning disciplinary action taken against nursing
assistants or medication aides - certified who work
in the facilities.

Sec. 20. NRS
632.310 is hereby amended to read as follows:

632.310 1. The Board may, upon its own motion, and
shall, upon the verified complaint in writing of any person, if the complaint
alone or together with evidence, documentary or otherwise, presented in
connection therewith, is sufficient to require an investigation, investigate
the actions of any licensee or holder of a certificate or any person who
assumes to act as a licensee or holder of a certificate within the State of
Nevada.

2. The Executive Director of the Board may, upon receipt of information
from a governmental agency, conduct an investigation to determine whether the
information is sufficient to require an investigation for referral to the Board
for its consideration.

3. If a written verified complaint filed with the Board
does not include the complete name of the licensee , [or]
nursing assistant or medication aide - certified against
whom the complaint is filed, and the Board is unable to identify the licensee , [or]
nursing assistant[,]or medication aide - certified, the
Board shall request that the employer of the licensee , [or]
nursing assistant or medication aide - certified provide
to the Board the complete name of the licensee ,[or]
nursing assistant[.]or medication aide - certified. The
employer shall provide the name to the Board within 3 business days after the
request is made.

4. The employer of a licensee , [or]
nursing assistant or medication aide - certified shall
provide to the Board, upon its request, the record of the work assignments of
any licensee ,[or]
nursing assistant or medication aide - certified whose
actions are under investigation by the Board.

5. The Board shall retain all complaints received by
the Board pursuant to this section for at least 10 years, including, without
limitation, any complaints not acted upon.

632.320 1. The Board may deny, revoke or suspend any
license or certificate applied for or issued pursuant to this chapter, or take
other disciplinary action against a licensee or holder of a certificate, upon
determining that the licensee or certificate holder:

(a) Is guilty of fraud or deceit in procuring or
attempting to procure a license or certificate pursuant to this chapter.

(b) Is guilty of any offense:

(1) Involving moral turpitude; or

(2) Related to the qualifications, functions or
duties of a licensee or holder of a certificate,

Κ in which
case the record of conviction is conclusive evidence thereof.

(c) Has been convicted of violating any of the
provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive.

(d) Is unfit or incompetent by reason of gross
negligence or recklessness in carrying out usual nursing functions.

(e) Uses any controlled substance, dangerous drug as
defined in chapter 454 of NRS, or intoxicating liquor to an extent or in a
manner which is dangerous or injurious to any other person or which impairs his
or her ability to conduct the practice authorized by the license or
certificate.

(f) Is a person with mental incompetence.

(g) Is guilty of unprofessional conduct, which includes,
but is not limited to, the following:

(1) Conviction of practicing medicine without a
license in violation of chapter 630 of NRS, in which case the record of
conviction is conclusive evidence thereof.

(2) Impersonating any applicant or acting as proxy
for an applicant in any examination required pursuant to this chapter for the
issuance of a license or certificate.

(3) Impersonating another licensed practitioner or
holder of a certificate.

(4) Permitting or allowing another person to use
his or her license or certificate to practice as a licensed practical nurse,
registered nurse , [or]
nursing assistant[.] or medication aide - certified.

(5) Repeated malpractice, which may be evidenced
by claims of malpractice settled against the licensee or certificate holder.

(6) Physical, verbal or psychological abuse of a
patient.

(7) Conviction for the use or unlawful possession
of a controlled substance or dangerous drug as defined in chapter 454 of NRS.

(h) Has willfully or repeatedly violated the provisions
of this chapter. The voluntary surrender of a license or certificate issued
pursuant to this chapter is prima facie evidence that the licensee or
certificate holder has committed or expects to commit a violation of this
chapter.

(i) Is guilty of aiding or abetting any person in a
violation of this chapter.

(j) Has falsified an entry on a patients medical chart
concerning a controlled substance.

(k) Has falsified information which was given to a
physician, pharmacist, podiatric physician or dentist to obtain a controlled
substance.

(l) Has been disciplined in another state in connection
with a license to practice nursing or a certificate to practice as a nursing
assistant or medication aide - certified, or has
committed an act in another state which would constitute a violation of this
chapter.

(m) Has engaged in conduct likely to deceive, defraud or
endanger a patient or the general public.

(n) Has willfully failed to comply with a regulation,
subpoena or order of the Board.

(o) Has operated a medical facility at any time during
which:

(1) The license of the facility was suspended or
revoked; or

(2) An act or omission occurred which resulted in
the suspension or revocation of the license pursuant to NRS 449.160.

Κ This
paragraph applies to an owner or other principal responsible for the operation
of the facility.

2. For the purposes of this section, a plea or verdict
of guilty or guilty but mentally ill or a plea of nolo contendere constitutes a
conviction of an offense. The Board may take disciplinary action pending the
appeal of a conviction.

Sec. 22. NRS
632.342 is hereby amended to read as follows:

632.342 1. The certificate of a nursing assistant or medication aide - certified must be
renewed biennially on the date of the certificate holders birthday.

2. The Board shall renew a certificate if the
applicant:

(a) Submits a completed written application and the fee
required by this chapter;

(b) Submits documentation of completion of continuing
training, as required by the Board, in the previous 24 months;

(c) Has not committed any acts which are grounds for
disciplinary action, unless the Board determines that sufficient restitution
has been made or the act was not substantially related to nursing;

(d) Submits documentation of employment as a nursing
assistant or medication aide - certified during
the 2 years immediately preceding the date of the renewal; and

(e) Submits all information required to complete the
renewal.

Κ The training
program completed pursuant to paragraph (b) must be approved by the Board.

3. Failure to renew the certificate results in
forfeiture of the right to practice unless the nursing assistant or medication aide - certified qualifies
for the issuance of a new certificate.

4. Renewal of a certificate becomes effective on the
date on which:

(a) The application is filed;

(b) The renewal fee is paid; or

(c) All information required to complete the renewal is
submitted,

Κ whichever
occurs latest.

Sec. 23. NRS
632.3425 is hereby amended to read as follows:

632.3425 A suspended license or certificate is subject
to expiration and must be renewed as provided in NRS 632.341 or 632.342.
Renewal does not entitle the licensee , [or]
nursing assistant or medication aide - certified toengage in activity which requires licensure or
certification until the completion of the suspension.

Application for
temporary license to practice professional nursing or practical nursing
pursuant to NRS 632.300, which fee must be credited toward the fee required for
a regular license, if the applicant applies for a license............................................ 15............................................................................................................................ 50

Application for a
certificate to practice as a nursing assistant or medication aide - certified .............................................................................................................. 15............................................................................................................................ 50

Application for a
temporary certificate to practice as a nursing assistant pursuant to NRS
632.300, which fee must be credited toward the fee required for a regular
certificate, if the applicant applies for a certificate................................................ 5............................................................................................................................ 40

Biennial fee for
renewal of a license......................................................................... 40.......................................................................................................................... 100

Biennial fee for
renewal of a certificate.................................................................... 20............................................................................................................................ 50

Fee for reinstatement
of a license.............................................................................. 10.......................................................................................................................... 100

Application for
recognition as an advanced practitioner of nursing.......................... 50.......................................................................................................................... 200

Proctoring
examination for candidate from another state.......................................... 25.......................................................................................................................... 150

Fee for approving one
course of continuing education............................................. 10............................................................................................................................ 50

Fee for reviewing one
course of continuing education which has been changed since approval.............................................................................................................. $5.......................................................................................................................... $30

Annual fee for
approval of all courses of continuing education offered................. 100.......................................................................................................................... 500

2. The Board may collect the fees and charges
established pursuant to this section, and those fees or charges must not be
refunded.

Sec. 25. NRS
632.472 is hereby amended to read as follows:

632.472 1. The following persons shall report in
writing to the Executive Director of the Board any conduct of a licensee or
holder of a certificate which constitutes a violation of the provisions of this
chapter:

(b) Any personnel of a medical facility or facility for
the dependent engaged in the admission, examination, care or treatment of
persons or an administrator, manager or other person in charge of a medical
facility or facility for the dependent upon notification by a member of the
staff of the facility.

(c) A coroner.

(d) Any person who maintains or is employed by an agency
to provide personal care services in the home.

(e) Any person who operates, who is employed by or who
contracts to provide services for an intermediary service organization as
defined in NRS 427A.0291.

(f) Any person who maintains or is employed by an agency
to provide nursing in the home.

(g) Any employee of the Department of Health and Human
Services.

(h) Any employee of a law enforcement agency or a
countys office for protective services or an adult or juvenile probation
officer.

(i) Any person who maintains or is employed by a
facility or establishment that provides care for older persons.

(j) Any person who maintains, is employed by or serves
as a volunteer for an agency or service which advises persons regarding the
abuse, neglect or exploitation of an older person and
refers them to persons and agencies where their requests and needs can be met.

or exploitation of an older person and refers them to persons
and agencies where their requests and needs can be met.

(k) Any social worker.

2. Every physician who, as a member of the staff of a
medical facility or facility for the dependent, has reason to believe that a
nursing assistant or medication aide - certified has
engaged in conduct which constitutes grounds for the denial, suspension or
revocation of a certificate shall notify the superintendent, manager or other
person in charge of the facility. The superintendent, manager or other person
in charge shall make a report as required in subsection 1.

3. A report may be filed by any other person.

4. Any person who in good faith reports any violation
of the provisions of this chapter to the Executive Director of the Board
pursuant to this section is immune from civil liability for reporting the
violation.

5. As used in this section, agency to provide personal
care services in the home has the meaning ascribed to it in NRS 449.0021.

Sec. 26. NRS
632.476 is hereby amended to read as follows:

632.476 Each employer of a licensee , [or]
nursing assistant or medication aide - certified shall
prepare and maintain, for at least 5 years, a record of the work assignments of
each licensee , [or]
nursing assistant[.] or medication aide - certified.

Sec. 27. NRS
632.490 is hereby amended to read as follows:

632.490 1. The Board shall cause the prosecution of
all persons violating the provisions of this chapter.

2. The Board, or any person designated by the Board,
may prefer a complaint for violation of NRS 632.285 or 632.315 or section 7 or 11 of this act before
any court of competent jurisdiction, and it may take the necessary legal steps
through the proper legal officers of this State to enforce the provisions
thereof.

Sec. 28. NRS
632.495 is hereby amended to read as follows:

632.495 1. In addition to any other penalty:

(a) The Board may issue a citation to a person who
violates the provisions of NRS 632.285 or 632.315[.]or section 7 or 11 of this act. A
citation issued pursuant to this paragraph must be in writing and describe with
particularity the nature of the violation. The citation also must inform the
person of the provisions of subsection 2. A separate citation must be issued
for each violation. If appropriate, the citation must contain an order of
abatement of the violation.

(b) The Board shall assess an administrative fine of:

(1) For the first violation, $500.

(2) For the second violation, $1,000.

(3) For the third or subsequent violation, $1,500.

2. To appeal the finding of a violation of NRS 632.285
or 632.315[,]or section 7 or 11 of this act, the
person must request a hearing by written notice of appeal to the Board within
30 days after the date of issuance of the citation.

Sec. 29. NRS
633.505 is hereby amended to read as follows:

633.505 1. An osteopathic physician or any agent or
employee thereof shall not retaliate or discriminate unfairly against:

(a) An employee of the osteopathic physician or a person
acting on behalf of the employee who in good faith:

(1) Reports to the State Board of Osteopathic
Medicine information relating to the conduct of the osteopathic physician which
may constitute grounds for initiating disciplinary action against the
osteopathic physician or which otherwise raises a reasonable question regarding
the competence of the osteopathic physician to practice medicine with
reasonable skill and safety to patients; or

(2) Reports a sentinel event to the Health Division
of the Department of Health and Human Services pursuant to NRS 439.835;

(b) A registered nurse, licensed practical nurse , [or]
nursing assistant or medication aide - certified who is
employed by or contracts to provide nursing services for the osteopathic
physician and who:

(1) In good faith, reports to the osteopathic
physician, the State Board of Osteopathic Medicine, the State Board of Nursing,
the Legislature or any committee thereof or any other governmental entity:

(I) Any information concerning the willful
conduct of another registered nurse, licensed practical nurse , [or]
nursing assistant or medication aide - certified which
violates any provision of chapter 632 of NRS or which is required to be
reported to the State Board of Nursing;

(II) Any concerns regarding patients who may
be exposed to a substantial risk of harm as a result of the failure of the
osteopathic physician or any agent or employee thereof to comply with minimum
professional or accreditation standards or applicable statutory or regulatory
requirements; or

(III) Any other concerns regarding the
osteopathic physician, the agents and employees thereof or any situation that
reasonably could result in harm to patients; or

(2) Refuses to engage in conduct that would
violate the duty of the registered nurse, licensed practical nurse , [or]
nursing assistant or medication aide - certified to
protect patients from actual or potential harm, including, without limitation,
conduct which would violate any provision of chapter 632 of NRS or which would
subject the registered nurse, licensed practical nurse , [or]
nursing assistant or medication aide - certified to
disciplinary action by the State Board of Nursing; or

(c) An employee of the osteopathic physician, a person
acting on behalf of the employee or a registered nurse, licensed practical
nurse , [or]
nursing assistant or medication aide - certified who is
employed by or contracts to provide nursing services for the osteopathic
physician and who cooperates or otherwise participates in an investigation or
proceeding conducted by the State Board of Osteopathic Medicine or another
governmental entity relating to conduct described in paragraph (a) or (b).

2. An osteopathic physician or any agent or employee
thereof shall not retaliate or discriminate unfairly against an employee of the
osteopathic physician or a registered nurse, licensed practical nurse , [or]
nursing assistant or medication aide - certified who is
employed by or contracts to provide nursing services for the osteopathic
physician because the employee, registered nurse, licensed practical nurse , [or]
nursing assistant or medication aide - certified has taken
an action described in subsection 1.

3. An osteopathic physician or any agent or employee
thereof shall not prohibit, restrict or attempt to prohibit or restrict by
contract, policy, procedure or any other manner the right of an employee of the
osteopathic physician or a registered nurse, licensed practical nurse , [or]
nursing assistant or medication aide - certified who is
employed by or contracts to provide nursing services for the osteopathic
physician to take an action described in subsection 1.

assistant or
medication aide -
certified who is employed by or contracts to provide nursing
services for the osteopathic physician to take an action described in
subsection 1.

4. As used in this section:

(a) Good faith means honesty in fact in the reporting
of the information or in the cooperation in the investigation concerned.

(b) Retaliate or discriminate:

(1) Includes, without limitation, any of the
following actions if taken solely because the employee, registered nurse,
licensed practical nurse , [or]
nursing assistant or medication aide - certified took an
action described in subsection 1:

(I) Frequent or undesirable changes in the
location where the person works;

(II) Frequent or undesirable transfers or
reassignments;

(III) The issuance of letters of reprimand,
letters of admonition or evaluations of poor performance;

(IV) A demotion;

(V) A reduction in pay;

(VI) The denial of a promotion;

(VII) A suspension;

(VIII) A dismissal;

(IX) A transfer; or

(X) Frequent changes in working hours or
workdays.

(2) Does not include an action described in
sub-subparagraphs (I) to (X), inclusive, of subparagraph (1) if the action is
taken in the normal course of employment or as a form of discipline.

Sec. 30. NRS
633.507 is hereby amended to read as follows:

633.507 1. An employee of an osteopathic physician or
a registered nurse, licensed practical nurse , [or]
nursing assistant or medication aide - certified who is
employed by or contracts to provide nursing services for the osteopathic
physician and who believes that he or she has been retaliated or discriminated
against in violation of NRS 633.505 may file an action in a court of competent
jurisdiction.

2. If a court determines that a violation of NRS
633.505 has occurred, the court may award such damages as it determines to have
resulted from the violation, including, without limitation:

(a) Compensatory damages;

(b) Reimbursement of any wages, salary, employment
benefits or other compensation denied to or lost by the employee, registered
nurse, licensed practical nurse , [or]
nursing assistant or medication aide - certified as a
result of the violation;

(c) Attorneys fees and costs, including, without
limitation, fees for expert witnesses; and

(d) Punitive damages, if the facts warrant.

3. The court shall award interest on the amount of
damages at a rate determined pursuant to NRS 17.130.

5. If any action to retaliate or discriminate is taken
against an employee, registered nurse, licensed practical nurse , [or]
nursing assistant or medication aide - certified within 60
days after the employee, registered nurse, licensed practical nurse , [or]
nursing assistant or medication aide - certified takes any
action described in subsection 1 of NRS 633.505, there is a rebuttable
presumption that the action taken against the employee, registered nurse,
licensed practical nurse , [or]
nursing assistant or medication aide - certified constitutes
retaliation or discrimination in violation of NRS 633.505.

6. An osteopathic physician or any agent or employee
thereof that violates the provisions of NRS 633.505 is subject to a civil
penalty of not more than $10,000 for each violation. The Attorney General or
any district attorney of this State may recover the penalty in a civil action
brought in the name of the State of Nevada in any court of competent
jurisdiction.

7. Any action under this section must be brought not
later than 2 years after the date of the last event constituting the alleged
violation for which the action is brought.

8. As used in this section, retaliate or discriminate
has the meaning ascribed to it in NRS 633.505.

Sec. 31. NRS
200.471 is hereby amended to read as follows:

200.471 1. As used in this section:

(a) Assault means:

(1) Unlawfully attempting to use physical force
against another person; or

(1) A person who possesses some or all of the
powers of a peace officer;

(2) A person employed in a full-time salaried
occupation of fire fighting for the benefit or safety of the public;

(3) A member of a volunteer fire department;

(4) A jailer, guard or other correctional officer
of a city or county jail;

(5) A justice of the Supreme Court, district
judge, justice of the peace, municipal judge, magistrate, court commissioner,
master or referee, including a person acting pro tempore in a capacity listed
in this subparagraph; or

(6) An employee of the State or a political
subdivision of the State whose official duties require the employee to make
home visits.

(c) Provider of health care means a physician, a
perfusionist or a physician assistant licensed pursuant to chapter 630 of NRS,
a practitioner of respiratory care, a homeopathic physician, an advanced
practitioner of homeopathy, a homeopathic assistant, an osteopathic physician,
a physician assistant licensed pursuant to chapter 633 of NRS, a podiatric
physician, a podiatry hygienist, a physical therapist, a medical laboratory
technician, an optometrist, a chiropractor, a chiropractors assistant, a
doctor of Oriental medicine, a nurse, a student nurse, a certified nursing
assistant, a nursing assistant trainee, a medication aide - certified, a dentist, a dental
hygienist, a pharmacist, an intern pharmacist, an attendant on an ambulance or
air ambulance, a psychologist, a social worker, a marriage and family
therapist, a marriage and family therapist intern, a
clinical professional counselor, a clinical professional counselor intern and
an emergency medical technician.

a marriage and family therapist intern, a clinical
professional counselor, a clinical professional counselor intern and an
emergency medical technician.

(d) School employee means a licensed or unlicensed
person employed by a board of trustees of a school district pursuant to NRS
391.100.

(e) Sporting event has the meaning ascribed to it in
NRS 41.630.

(f) Sports official has the meaning ascribed to it in
NRS 41.630.

(g) Taxicab has the meaning ascribed to it in NRS
706.8816.

(h) Taxicab driver means a person who operates a
taxicab.

(i) Transit operator means a person who operates a bus
or other vehicle as part of a public mass transportation system.

2. A person convicted of an assault shall be punished:

(a) If paragraph (c) or (d) does not apply to the
circumstances of the crime and the assault is not made with the use of a deadly
weapon or the present ability to use a deadly weapon, for a misdemeanor.

(b) If the assault is made with the use of a deadly
weapon or the present ability to use a deadly weapon, for a category B felony
by imprisonment in the state prison for a minimum term of not less than 1 year
and a maximum term of not more than 6 years, or by a fine of not more than
$5,000, or by both fine and imprisonment.

(c) If paragraph (d) does not apply to the circumstances
of the crime and if the assault is committed upon an officer, a provider of
health care, a school employee, a taxicab driver or a transit operator who is
performing his or her duty or upon a sports official based on the performance
of his or her duties at a sporting event and the person charged knew or should
have known that the victim was an officer, a provider of health care, a school
employee, a taxicab driver, a transit operator or a sports official, for a
gross misdemeanor, unless the assault is made with the use of a deadly weapon
or the present ability to use a deadly weapon, then for a category B felony by
imprisonment in the state prison for a minimum term of not less than 1 year and
a maximum term of not more than 6 years, or by a fine of not more than $5,000,
or by both fine and imprisonment.

(d) If the assault is committed upon an officer, a
provider of health care, a school employee, a taxicab driver or a transit
operator who is performing his or her duty or upon a sports official based on
the performance of his or her duties at a sporting event by a probationer, a
prisoner who is in lawful custody or confinement or a parolee, and the
probationer, prisoner or parolee charged knew or should have known that the
victim was an officer, a provider of health care, a school employee, a taxicab
driver, a transit operator or a sports official, for a category D felony as
provided in NRS 193.130, unless the assault is made with the use of a deadly
weapon or the present ability to use a deadly weapon, then for a category B
felony by imprisonment in the state prison for a minimum term of not less than
1 year and a maximum term of not more than 6 years, or by a fine of not more
than $5,000, or by both fine and imprisonment.

Sec. 32. Chapter
449 of NRS is hereby amended by adding thereto a new section to read as
follows:

Medication aide
- certified has the meaning ascribed to it in section 6.5 of this act.

Sec. 33. NRS
449.001 is hereby amended to read as follows:

449.001 As used in this chapter, unless the context
otherwise requires, the words and terms defined in NRS 449.0015 to 449.0195,
inclusive, and section 32 of this
act have the meanings ascribed to them in those sections.

449.205 1. A medical facility or any agent or employee
thereof shall not retaliate or discriminate unfairly against:

(a) An employee of the medical facility or a person
acting on behalf of the employee who in good faith:

(1) Reports to the Board of Medical Examiners or
the State Board of Osteopathic Medicine, as applicable, information relating to
the conduct of a physician which may constitute grounds for initiating
disciplinary action against the physician or which otherwise raises a
reasonable question regarding the competence of the physician to practice
medicine with reasonable skill and safety to patients;

(2) Reports a sentinel event to the Health
Division pursuant to NRS 439.835; or

(3) Cooperates or otherwise participates in an
investigation or proceeding conducted by the Board of Medical Examiners, the
State Board of Osteopathic Medicine or another governmental entity relating to
conduct described in subparagraph (1) or (2); or

(b) A registered nurse, licensed practical nurse , [or]
nursing assistant or medication aide - certified who is
employed by or contracts to provide nursing services for the medical facility
and who:

(1) In accordance with the policy, if any,
established by the medical facility:

(I) Reports to his or her immediate
supervisor, in writing, that he or she does not possess the knowledge, skill or
experience to comply with an assignment to provide nursing services to a
patient; and

(II) Refuses to provide to a patient nursing
services for which, as verified by documentation in the personnel file of the
registered nurse, licensed practical nurse , [or]
nursing assistant or medication aide - certified concerning
his or her competence to provide various nursing services, he or she does not
possess the knowledge, skill or experience to comply with the assignment to
provide nursing services to the patient, unless the refusal constitutes
unprofessional conduct as set forth in chapter 632 of NRS or any regulations adopted
pursuant thereto;

(2) In good faith, reports to the medical
facility, the Board of Medical Examiners, the State Board of Osteopathic
Medicine, the State Board of Nursing, the Legislature or any committee thereof
or any other governmental entity:

(I) Any information concerning the willful
conduct of another registered nurse, licensed practical nurse , [or]
nursing assistant or medication aide - certified which
violates any provision of chapter 632 of NRS or which is required to be
reported to the State Board of Nursing;

(II) Any concerns regarding patients who may
be exposed to a substantial risk of harm as a result of the failure of the
medical facility or any agent or employee thereof to comply with minimum
professional or accreditation standards or applicable statutory or regulatory
requirements; or

(III) Any other concerns regarding the
medical facility, the agents and employees thereof or any situation that
reasonably could result in harm to patients; or

(3) Refuses to engage in conduct that would
violate the duty of the registered nurse, licensed practical nurse , [or]
nursing assistant or medication aide - certified to
protect patients from actual or potential harm, including, without limitation,
conduct which would violate any provision of chapter 632
of NRS or which would subject the registered nurse, licensed practical nurse ,
[or] nursing assistant or medication aide - certified to disciplinary action by
the State Board of Nursing.

chapter 632 of NRS or which would subject the registered
nurse, licensed practical nurse ,[or] nursing assistant or medication aide - certified to
disciplinary action by the State Board of Nursing.

2. A medical facility or any agent or employee thereof
shall not retaliate or discriminate unfairly against an employee of the medical
facility or a registered nurse, licensed practical nurse , [or]
nursing assistant or medication aide - certified who is employed
by or contracts to provide nursing services for the medical facility because
the employee, registered nurse, licensed practical nurse , [or]
nursing assistant or medication aide - certified has taken
an action described in subsection 1.

3. A medical facility or any agent or employee thereof
shall not prohibit, restrict or attempt to prohibit or restrict by contract,
policy, procedure or any other manner the right of an employee of the medical
facility or a registered nurse, licensed practical nurse , [or]
nursing assistant or medication aide - certified who is
employed by or contracts to provide nursing services for the medical facility
to take an action described in subsection 1.

4. As used in this section:

(a) Good faith means honesty in fact in the reporting
of the information or in the cooperation in the investigation concerned.

(1) Includes, without limitation, any of the
following actions if taken solely because the employee, registered nurse,
licensed practical nurse , [or]
nursing assistant or medication aide - certified took an
action described in subsection 1:

(I) Frequent or undesirable changes in the
location where the person works;

(II) Frequent or undesirable transfers or
reassignments;

(III) The issuance of letters of reprimand,
letters of admonition or evaluations of poor performance;

(IV) A demotion;

(V) A reduction in pay;

(VI) The denial of a promotion;

(VII) A suspension;

(VIII) A dismissal;

(IX) A transfer; or

(X) Frequent changes in working hours or
workdays.

(2) Does not include an action described in
sub-subparagraphs (I) to (X), inclusive, of subparagraph (1) if the action is
taken in the normal course of employment or as a form of discipline.

Sec. 35. NRS
449.207 is hereby amended to read as follows:

449.207 1. An employee of a medical facility or a
registered nurse, licensed practical nurse , [or]
nursing assistant or medication aide - certified who is
employed by or contracts to provide nursing services for the medical facility
and who believes that he or she has been retaliated or discriminated against in
violation of NRS 449.205 may file an action in a court of competent
jurisdiction.

2. If a court determines that a violation of NRS
449.205 has occurred, the court may award such damages as it determines to have
resulted from the violation, including, without limitation:

(b) Reimbursement of any wages, salary, employment
benefits or other compensation denied to or lost by the employee, registered
nurse, licensed practical nurse , [or]
nursing assistant or medication aide - certified as a
result of the violation;

(c) Attorneys fees and costs, including, without
limitation, fees for expert witnesses; and

(d) Punitive damages, if the facts warrant.

3. The court shall award interest on the amount of
damages at a rate determined pursuant to NRS 17.130.

5. If any action to retaliate or discriminate is taken
against an employee, registered nurse, licensed practical nurse , [or]
nursing assistant or medication aide - certified within 60
days after the employee, registered nurse, licensed practical nurse , [or]
nursing assistant or medication aide - certified takes any
action described in subsection 1 of NRS 449.205, there is a rebuttable
presumption that the action taken against the employee, registered nurse,
licensed practical nurse , [or]
nursing assistant or medication aide - certified constitutes
retaliation or discrimination in violation of NRS 449.205.

6. A medical facility or any agent or employee thereof
that violates the provisions of NRS 449.205 is subject to a civil penalty of
not more than $10,000 for each violation. The Attorney General or any district
attorney of this State may recover the penalty in a civil action brought in the
name of the State of Nevada in any court of competent jurisdiction.

7. Any action under this section must be brought not
later than 2 years after the date of the last event constituting the alleged
violation for which the action is brought.

8. As used in this section, retaliate or discriminate
has the meaning ascribed to it in NRS 449.205.

Sec. 36. NRS
449.208 is hereby amended to read as follows:

449.208 1. A medical facility shall prepare a written
notice for the employees of the medical facility and for the nurses , [and]
nursing assistants and medication aides - certified who
contract with the medical facility regarding the protections provided for
actions taken pursuant to subsection 1 of NRS 449.205 and the legal remedy
provided pursuant to NRS 449.207. The notice must include the process by which
an employee, nurse , [or]
nursing assistant or medication aide - certified may make
a report pursuant to subsection 1 of NRS 449.205.

2. A medical facility shall:

(a) Post in one or more conspicuous places at the
medical facility the notice prepared pursuant to subsection 1; and

(b) Include the text of the written notice in any manual
or handbook that the medical facility provides to employees , [and]
nurses , [and]
nursing assistants and medication aides - certified who
contract with the medical facility concerning employment practices at the
medical facility.

449.2416 Nurse means a person licensed pursuant to
chapter 632 of NRS to practice nursing, including, without limitation, a
licensed practical nurse. The term does not include a certified nursing
assistant[.] or a medication aide - certified.

Sec. 38. NRS
449.247 is hereby amended to read as follows:

449.247 1. The Health Division may review the
personnel files of a medical facility or facility for the dependent to
determine that each nursing assistant or medication aide - certified employed by the facility has
a current certificate.

2. The Health Division shall review the qualifications
of instructors of nursing assistants or medication aides - certified for each program of which
the Division is notified pursuant to NRS 632.286.

3. The Health Division may conduct the review of
training programs for nursing assistants or medication aides - certified in facilities for long-term
care.

4. The Health Division and any other state agency which
regulates medical facilities and facilities for the dependent shall provide to
the State Board of Nursing any information it discovers concerning:

(a) Programs and instructors for training nursing
assistants or medication aides - certified which do
not comply with the requirements established by the State Board of Nursing.

(b) The failure of a nursing assistant or medication aide - certified to
perform consistently at a safe level.

(c) The results of any investigation of a facility if
the investigation concerns a nursing assistant , medication aide - certified or instructor or training
program for nursing assistants[.] or medication aides - certified.

5. The State Board of Nursing shall investigate any
report submitted pursuant to subsection 4 and may revoke approval of a program
or instructor if the allegations of the report are true.

Sec. 39. NRS
454.213 is hereby amended to read as follows:

454.213 A drug or medicine referred to in NRS 454.181
to 454.371, inclusive, may be possessed and administered by:

1. A practitioner.

2. A physician assistant licensed pursuant to chapter
630 or 633 of NRS, at the direction of his or her supervising physician or a
licensed dental hygienist acting in the office of and under the supervision of
a dentist.

3. Except as otherwise provided in subsection 4, a
registered nurse licensed to practice professional nursing or licensed
practical nurse, at the direction of a prescribing physician, physician
assistant licensed pursuant to chapter 630 or 633 of NRS, dentist, podiatric
physician or advanced practitioner of nursing, or pursuant to a chart order,
for administration to a patient at another location.

4. In accordance with applicable regulations of the
Board, a registered nurse licensed to practice professional nursing or licensed
practical nurse who is:

(a) Employed by a health care agency or health care
facility that is authorized to provide emergency care, or to respond to the
immediate needs of a patient, in the residence of the patient; and

(b) Acting under the direction of the medical director
of that agency or facility who works in this State.

5. A
medication aide -
certified at a
designated facility under the supervision of an advanced practitioner of
nursing or registered nurse and in accordance with standard protocols developed
by the State Board of Nursing. As used in this subsection, designated
facility has the meaning ascribed to it in section 6 of this act.

6. Except
as otherwise provided in subsection [6,]7, an intermediate
emergency medical technician or an advanced emergency medical technician, as
authorized by regulation of the State Board of Pharmacy and in accordance with
any applicable regulations of:

(a) The State Board of Health in a county whose
population is less than 100,000;

(b) A county board of health in a county whose
population is 100,000 or more; or

(c) A district board of health created pursuant to NRS
439.362 or 439.370 in any county.

[6.]7. An intermediate emergency medical
technician or an advanced emergency medical technician who holds an endorsement
issued pursuant to NRS 450B.1975, under the direct supervision of a local
health officer or a designee of the local health officer pursuant to that
section.

[7.]8. A respiratory therapist employed in a
health care facility. The therapist may possess and administer respiratory
products only at the direction of a physician.

[8.]9. A dialysis technician, under the direction
or supervision of a physician or registered nurse only if the drug or medicine
is used for the process of renal dialysis.

[9.]10. A medical student or student nurse in the
course of his or her studies at an approved college of medicine or school of
professional or practical nursing, at the direction of a physician and:

(a) In the presence of a physician or a registered
nurse; or

(b) Under the supervision of a physician or a registered
nurse if the student is authorized by the college or school to administer the drug
or medicine outside the presence of a physician or nurse.

Κ A medical
student or student nurse may administer a dangerous drug in the presence or
under the supervision of a registered nurse alone only if the circumstances are
such that the registered nurse would be authorized to administer it personally.

[10.]11. Any person designated by the head of a
correctional institution.

[11.]12. An ultimate user or any person designated
by the ultimate user pursuant to a written agreement.

[12.]13. A nuclear medicine technologist, at the
direction of a physician and in accordance with any conditions established by
regulation of the Board.

[13.]14. A radiologic technologist, at the
direction of a physician and in accordance with any conditions established by
regulation of the Board.

[14.]15. A chiropractic physician, but only if the
drug or medicine is a topical drug used for cooling and stretching external
tissue during therapeutic treatments.

[15.]16. A physical therapist, but only if the
drug or medicine is a topical drug which is:

(a) Used for cooling and stretching external tissue
during therapeutic treatments; and

[16.]17. In accordance with applicable regulations
of the State Board of Health, an employee of a residential facility for groups,
as defined in NRS 449.017, pursuant to a written agreement entered into by the
ultimate user.

[17.]18. A veterinary technician at the direction
of his or her supervising veterinarian.

[18.]19. In accordance with applicable regulations
of the Board, a registered pharmacist who:

(a) Is trained in and certified to carry out standards
and practices for immunization programs;

(b) Is authorized to administer immunizations pursuant
to written protocols from a physician; and

(c) Administers immunizations in compliance with the [Standards
of Immunization Practices]standards for immunization practices recommended
and approved by the [United States Public Health Service]
Advisory Committee on Immunization Practices.

[19.]20. A person who is enrolled in a training
program to become a physician assistant licensed pursuant to chapter 630 or 633
of NRS, dental hygienist, intermediate emergency medical technician, advanced
emergency medical technician, respiratory therapist, dialysis technician,
nuclear medicine technologist, radiologic technologist, physical therapist or
veterinary technician if the person possesses and administers the drug or
medicine in the same manner and under the same conditions that apply,
respectively, to a physician assistant licensed pursuant to chapter 630 or 633
of NRS, dental hygienist, intermediate emergency medical technician, advanced
emergency medical technician, respiratory therapist, dialysis technician,
nuclear medicine technologist, radiologic technologist, physical therapist or
veterinary technician who may possess and administer the drug or medicine, and
under the direct supervision of a person licensed or registered to perform the
respective medical art or a supervisor of such a person.

Sec. 40. This act becomes effective upon passage and
approval for the purpose of adopting regulations and on October 1, 2011, for
all other purposes.

________

κ2011
Statutes of Nevada, Page 1344κ

CHAPTER 256, SB 132

Senate Bill No. 132Committee on Health and Human
Services

CHAPTER 256

[Approved:
June 4, 2011]

AN ACT relating to
osteopathic medicine; removing the prospective expiration of the provisions
governing licensure by endorsement of osteopathic physicians; and providing
other matters properly relating thereto.

Legislative Counsels Digest:

This bill removes the prospective expiration of the
provision which requires the State Board of Osteopathic Medicine to issue a
license by endorsement to a person who has been issued a license to practice
osteopathic medicine by the District of Columbia or any state or territory of
the United States and who meets certain requirements. (NRS 633.400)

EXPLANATION  Matter in bolded italics is new; matter between brackets
[omitted
material] is material to be omitted.

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Section 121 of chapter 413,
Statutes of Nevada 2007, as amended by chapter 369, Statutes of Nevada 2009, at
page 1856 and chapter 494, Statutes of Nevada 2009, at page 2999, is
hereby amended to read as follows:

2. Sections 1 to 42.3,
inclusive, and 43 to 120, inclusive, of this act become effective:

(a) Upon passage and approval
for the purpose of adopting regulations and performing any other preparatory
administrative tasks that are necessary to carry out the provisions of this
act; and

(b) On January 1, 2008, for all
other purposes.

3. [Sections]Section 11 [and 25]
of this act [expire]expires by limitation on January 1, 2012.

4. Section 42.3 of this act
expires by limitation on the date on which the provisions of 42 U.S.C. § 666
requiring each state to establish procedures under which the state has
authority to withhold or suspend, or to restrict the use of professional,
occupational and recreational licenses of persons who:

(a) Have failed to comply with
a subpoena or warrant relating to a proceeding to determine the paternity of a
child or to establish or enforce an obligation for the support of a child; or

(b) Are in arrears in the
payment for the support of one or more children,

Κ
are repealed by the Congress of the United States.

5. Section 42.7 of this act
becomes effective on the date on which the provisions of 42 U.S.C. § 666
requiring each state to establish procedures under which the state has
authority to withhold or suspend, or to restrict the use of professional,
occupational and recreational licenses of persons who:

(a) Have failed to comply with
a subpoena or warrant relating to a proceeding to determine the paternity of a
child or to establish or enforce an obligation for the support of a child; or

(b) Are in arrears in the
payment for the support of one or more children,

Κ
are repealed by the Congress of the United States.

6. Sections 42.7 and 55.5 of
this act expire by limitation on the date 2 years after the date on which the
provisions of 42 U.S.C. § 666 requiring each state to establish procedures
under which the state has authority to withhold or suspend, or to restrict the
use of professional, occupational and recreational licenses of persons who:

(a) Have failed to comply with
a subpoena or warrant relating to a proceeding to determine the paternity of a
child or to establish or enforce an obligation for the support of a child; or

(b) Are in arrears in the
payment for the support of one or more children,

Κ
are repealed by the Congress of the United States.

Sec. 2. This act
becomes effective upon passage and approval.

________

CHAPTER 257, SB 102

Senate Bill No. 102Committee on Natural Resources

CHAPTER 257

[Approved:
June 4, 2011]

AN ACT relating to
wildlife; revising the civil penalties for unlawfully killing or possessing
certain big game mammals and other wildlife and for hunting, fishing or
trapping without a valid license, tag or permit; requiring the Board of
Wildlife Commissioners to adopt regulations for the taking of antlers naturally
shed by big game mammals; and providing other matters properly relating
thereto.

Legislative Counsels Digest:

Existing law imposes certain civil penalties against a
person for unlawfully killing or possessing big game mammals, bobcats, swans,
eagles or other fish or wildlife and for hunting, fishing or trapping without a
license. (NRS 501.3855) Section 1 of this bill imposes a similar civil
penalty against a person for unlawfully killing or possessing a trophy big game
mammal in an amount that is not less than $5,000 or more than $30,000. Section
1 also imposes a civil penalty against a person for unlawfully killing or
possessing a moose and revises the maximum civil penalty for which a person is
liable for hunting, fishing or trapping without a license, tag or permit. The
revised maximum amount of that civil penalty is changed from $250 to the amount
of the fee for the required license, tag or permit for the activity in which
the person engaged.

Existing law requires the Board of Wildlife
Commissioners to establish broad policies for the management of wildlife in
this State and to adopt regulations to carry out the provisions of title 45 of
NRS governing wildlife in this State. (NRS 501.181) Existing law also prohibits
a person from selling, bartering, trading or purchasing the parts of any
species of wildlife except as otherwise provided in that title or in a
regulation adopted by the Commission. (NRS 501.379) Section 2 of this
bill requires the Commission to adopt regulations for the taking of antlers
which have been naturally shed by any big game mammal in this State.

EXPLANATION  Matter in bolded italics is new; matter between
brackets [omitted material] is material to be omitted.

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS
501.3855 is hereby amended to read as follows:

501.3855 1. In addition to the penalties provided for
the violation of any of the provisions of this title, every person who [unlawfully]:

(a) Unlawfully
kills or possesses a trophy
big game mammal[,]is liable for a civil penalty of
not less than $5,000 nor more than $30,000; or

(b) Except
as otherwise provided in paragraph (a), unlawfully kills or possesses a big
game mammal, moose, bobcat, swan or eagle is liable for a civil
penalty of not less than $250 [nor more]but less than $5,000.

2. For the unlawful killing or possession of fish or
wildlife not included in subsection 1, [the court may order the
defendant to pay]a person is liable for a civil penalty of not
less than $25 nor more than $1,000.

3. For hunting, fishing or trapping without a valid
license, tag or permit, [the court may order the defendant to pay]a person is liable for a
civil penalty of not less than $50 nor more than [$250.] the amount of the fee for the license,
tag or permit required for the activity in which the person engaged.

4. Every court, before whom a defendant is convicted of
unlawfully killing or possessing any wildlife, shall order the defendant to pay
the civil penalty in the amount stated in this section for each mammal, bird or
fish unlawfully killed or possessed. The court shall fix the manner and time of
payment.

5. The Department may attempt to collect all penalties
and installments that are in default in any manner provided by law for the
enforcement of a judgment.

6. If a person who is ordered to pay a civil penalty
pursuant to this section fails to do so within 90 days after the date set forth
in the order, the Department may suspend, revoke, or refuse to issue or renew
any license, tag, permit, certificate or other document or privilege otherwise
available to the person pursuant to this title or chapter 488 of NRS.

7. Each court that receives money pursuant to the
provisions of this section shall forthwith remit the money to the Department
which shall deposit the money with the State Treasurer for credit to the
Wildlife Account in the State General Fund.

8. As used
in this section, trophy big game mammal means a mule deer with an outside
antler measurement of at least 24 inches, a bighorn sheep of any species with
at least one horn exceeding a half curl, a Rocky Mountain elk with at least six
antler points on one antler, a pronghorn antelope with at least one horn which
is more than 14 inches in length, a mountain goat or a black bear. As used in
this subsection:

(a) Antler
means any bony growth originating from the pedicle portion of the skull of a
big game mammal that is annually cast and regenerated as part of the annual
life cycle of the big game mammal.

(b) Antler
point means a projection which is at least 1 inch in length with the length
exceeding the width of its base, excluding the first point on the main beam
commonly known as the eye guard on mule deer.

(c) Horn
exceeding a half curl means a horn tip that has grown at least through 180
degrees of a circle determined by establishing a parallel reference line from the base of the horn and measuring the horn
tip to determine whether the horn tip has grown at least to the projection of
the reference line.

reference line from
the base of the horn and measuring the horn tip to determine whether the horn
tip has grown at least to the projection of the reference line.

(d) Outside
antler measurement means the perpendicular measurement at right angles to the
center line of the skull of a deer at the widest point between the main antler
beams or the antler points off the main antler beams.

Sec. 2. Chapter 503
of NRS is hereby amended by adding thereto a new section to read as
follows:

1.The Commission shalladopt regulations for the taking of shed antlers.

2.As used in this section, shed antlers means antlers which
have been naturally shed by any big game mammal in this State.

Sec. 3. This act becomes effective:

1. Upon passage and approval for the purpose of adopting the
regulations required by section 2 of this act; and

2. On October 1, 2011, for all other purposes.

________

CHAPTER 258, SB 88

Senate Bill No. 88Committee on Judiciary

CHAPTER 258

[Approved:
June 4, 2011]

AN ACT relating to
real property; enacting the Uniform Real Property Transfer on Death Act; and
providing other matters properly relating thereto.

Legislative Counsels Digest:

This bill replaces the provisions of existing law
authorizing a person to convey real property in a deed which becomes effective
upon his or her death with the provisions of the Uniform Real Property Transfer
on Death Act. In this bill, the language of the Uniform Real Property Transfer
on Death Act as drafted by the Uniform Law Commission has been modified with
language specific to Nevada.

Section 12 of this bill maintains a provision of
existing law which authorizes a person to create a deed that transfers his or
her real property pursuant to a deed which becomes effective upon the persons
death. Section 15 of this bill maintains a provision of existing law
which provides that, to make a deed upon death, a person must have the same
capacity as required for the making of a will, and section 16 of this
bill maintains the requirement of existing law that the deed upon death be
recorded. Section 17 of this bill provides that the deed upon death is
effective without consideration and without notice or delivery to, or
acceptance by, the beneficiary during the lifetime of the person making the
deed. Section 24 of this bill provides a form that must be used to
create a deed upon death which is substantially the same as the form contained
in existing law.

Under sections 13 and 25 of this bill, the person
making a deed upon death retains the power to revoke the deed. Section 13
keeps the provisions of existing law concerning the circumstances under which a
deed upon death is void. Section 25: (1) provides a form that may be
used to revoke a deed upon death which is substantially the same as the form
contained in existing law; and (2) maintains the requirement in existing law
that the revocation of a deed upon death be recorded. Sections 19-23, 28 and
29 of this bill enact provisions governing the effect of a deed upon death
which are substantially
similar to existing law governing deeds upon death.

are substantially similar to existing law governing deeds upon
death. Section 19 limits the effect of a deed upon death during the life
of the person making the deed. Sections 21, 28 and 29 provide for the
disclaimer of a beneficiarys interest by recording a disclaimer in the office
of the county recorder of the county in which the property is located. Section
22 provides that a decedents property which is transferred pursuant to a
deed upon death may be subject to the claims of his or her creditors under
certain circumstances. Section 23 maintains a provision of existing law
which prohibits a deed upon death from limiting the recovery of Medicaid
benefits.

EXPLANATION  Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter
111 of NRS is hereby amended by adding thereto the provisions set forth as
sections 2 to 27, inclusive, of this act.

Sec. 2. Sections
2 to 27, inclusive, of this act may be cited as the Uniform Real Property
Transfer on Death Act.

Sec. 3. As
used in sections 2 to 27, inclusive, of this act, unless the context otherwise
requires, the words and terms defined in sections 4 to 10, inclusive, of this
act have the meanings ascribed to them in those sections.

Sec. 4. Beneficiary
means a person that receives property under a deedupon death.

Sec. 4.5. Deed upon death means a deed authorized under sections 2 to 27,
inclusive, of this act.

Sec. 7. Person
means an individual, corporation, business trust, estate, trust, partnership,
limited-liability company, association, joint venture, public corporation,
government or governmental subdivision, agency or instrumentality, or any other
legal or commercial entity.

Sec. 8. Property
means an interest in real property located in this State which is transferable
on the death of the owner.

Secs. 9-11. (Deleted by amendment.)

Sec. 12. The
owner of an interest in property may create a deed which conveys his or her
interest in property to a beneficiary or multiple beneficiaries and which
becomes effective upon the death of the owner. A deed created pursuant to this
section must be known as a deed upon death.

Sec. 12.3. The owner of an interest in property who
creates a deed upon death may designate in the deed:

1. Multiple
beneficiaries who will take title to the property upon his or her death as
joint tenants with right of survivorship, tenants in common, husband and wife
as community property, community property with right of survivorship or any
other tenancy that is recognized in this State.

2. The
beneficiary or beneficiaries who will take title to the property upon his or
her death as the sole and separate property of the beneficiary or beneficiaries
without the necessity of the filing of a quitclaim deed or disclaimer by the
spouse of any beneficiary.

Sec. 12.7. If the owner of the property which is the subject of a deed
upon death holds the interest in the property as a joint tenant with right of
survivorship or as community property with the right of survivorship and:

1. The deed
includes a conveyance of the interest from each of the other owners, the deed
becomes effective on the date of the death of the last surviving owner.

2. The deed
does not include a conveyance of the interest from each of the other owners,
the deed becomes effective on the date of the death of the owner who created
the deed only if that owner is the last surviving owner.

Sec. 13.1.
If an owner of an interest in property who creates a deed upon death transfers
his or her interest in the property to another person during his or her
lifetime, the deed upon death is void.

2. If an owner
of an interest in property who creates a deed upon death executes and records
more than one deed upon death concerning the same property, the deed upon death
that is last recorded before the death of the owner is the effective deed.

Sec. 14. (Deleted by amendment.)

Sec. 15. The
capacity required to make or revoke a deed upon death is the same as the
capacity required to make a will.

Sec. 16. A
deedupon death is
valid only if executed and recorded as provided by law in the office of the
county recorder of the county where the property is locatedbefore the death of the owner or the
death of the last surviving owner.

Sec. 17. A
deed upon death is effective without:

1. Notice or
delivery to or acceptance by the beneficiary or beneficiaries; or

2. Consideration.

Sec. 18. (Deleted by amendment.)

Sec. 19. During the owners lifetime, a deed upon
death does not:

1. Affect an
interest or right of the owner, including, without limitation, the right to
transfer or encumber the property;

2. Affect any
method of transferring property otherwise permitted under the laws of this
State;

3. Affect an
interest or right of a designated beneficiary, even if the designated
beneficiary has actual or constructive notice of the deed;

4. Affect an
interest or right of a secured or unsecured creditor or future creditor of the
owner, even if the creditor has actual or constructive notice of the deed;

5. Affect the
owners or the designated beneficiarys eligibility for any form of public
assistance;

6. Create a
legal or equitable interest in favor of the designated beneficiary; or

7. Subject the
property to claims or process of a creditor of the designated beneficiary.

Sec. 20. (Deleted by amendment.)

Sec. 21. A
beneficiary may disclaim all or part of the beneficiarys interest under a deed
upon death by recording a disclaimer in the office of the county recorder of
the county in which the property is located, as provided by chapter 120 of NRS.

Sec. 22. 1. To the extent the grantors probate
estate is insufficient to satisfy an allowed claim against the estate or a
statutory allowance to a surviving spouse
or child, the estate may enforce the liability against property transferred
pursuant to a deed upon death.

surviving spouse or child, the estate may enforce the
liability against property transferred pursuant to a deedupon death.

2. If more than one property is transferred pursuant
to one or more deedsupon
death, the liability for any claim must be apportioned among the properties in
proportion to their net values at the grantors death.

3. A proceeding to enforce the liability under this
section must be commenced not later than 18 months after the grantors death.

Sec. 22.5. A beneficiary or beneficiaries under a
deed upon death inherit the property subject to any liens on the property in
existence on the date of the death of the grantor.

Sec. 23. The provisions of sections 2 to 27,
inclusive, of this act must not be construed to limit the recovery of benefits
paid for Medicaid.

Sec. 24. A deed upon death must be in
substantially the following form:

DEED
UPON DEATH

I (We)................... (here insert name of owner(s))
hereby convey to................... (here insert name of beneficiary or
beneficiaries), effective on my (our) death, all right, title and interest in
the real property commonly known as..................., City
of..................., County of..................., State of Nevada, or
located in the County of..................., State of Nevada, and more
particularly described as:

(Legal Description)

Together with all improvements, tenements, hereditaments and
appurtenances, including easements and water rights, if any, thereto belonging
or appertaining, and any reversions, remainders, rents, issues or profits
thereof.

THIS DEED IS REVOCABLE. THIS DEED DOES NOT TRANSFER ANY
OWNERSHIP UNTIL THE DEATH OF THE GRANTOR(S). THIS DEED REVOKES ALL PRIOR DEEDS
BY THE GRANTOR(S) WHICH CONVEY THE SAME REAL PROPERTY PURSUANT TO SECTIONS 2 TO
27, INCLUSIVE, OF THIS ACT, REGARDLESS OF WHETHER THE PRIOR DEEDS FAILED TO
CONVEY THE ENTIRE INTEREST OF THE GRANTOR(S) IN THE SAME REAL PROPERTY.

THE UNDERSIGNED HEREBY AFFIRMS THAT THIS DOCUMENT SUBMITTED
FOR RECORDING DOES NOT CONTAIN A SOCIAL SECURITY NUMBER.

Subscribed and sworn to on this
.......... day of .............., in the year .........., before me,
................... (here insert name of notary public), by ...................
(here insert name of principal).

On this .......... day of
.............., in the year .......... before me, ................... (here
insert name of notary public), personally appeared ................... (here
insert name of principal) personally known to me (or proved to me on the basis
of satisfactory evidence) to be the person whose name is subscribed to this
instrument, and acknowledged that he or she executed it.

Sec. 25. A deed upon death may be revoked at any
time by the owner or, if there is more than one owner, by any of the owners who
created the deed even if the deed or other instrument contains a contrary
provision. The revocation is valid only if executed and recorded as provided by
law in the office of the county recorder of the county in which the property is
located before the death of the owner who executes the revocation. A deed upon
death may not be revoked by a revocatory act on the deed. If the property is
held as joint tenants with right of survivorship or as community property with
the right of survivorship and the revocation is not executed by all the owners,
the revocation does not become effective unless the revocation is executed and
recorded by the last surviving owner. The revocation of deed must be in
substantially the following form:

REVOCATION OF DEED UPON
DEATH

The undersigned hereby revoke(s) the deed upon death
recorded on................... (date), as document or file number.........., book..........,
at page.........., records of................... County, Nevada,
listing................... as beneficiary or beneficiaries.

THE UNDERSIGNED HEREBY AFFIRMS THAT THIS DOCUMENT SUBMITTED
FOR RECORDING DOES NOT CONTAIN A SOCIAL SECURITY NUMBER.

..... (Date)

..... (Signature)

State of Nevada }

}
ss.

County of.......................... }

Subscribed and sworn to on this
.......... day of .............., in the year .........., before me,
................... (here insert name of notary public), by ...................
(here insert name of principal).

On this .......... day of
.............., in the year .........., before me, ................... (here
insert name of notary public), personally appeared ................... (here
insert name of principal) personally known
to me (or proved to me on the basis of satisfactory evidence) to be the person
whose name is subscribed to this instrument, and acknowledged that he or she
executed it.

Sec. 25.5. Upon the death of the last grantor of a
deed upon death, a declaration of value of property pursuant to NRS 375.060 and
a copy of the death certificate of each grantor must be attached to a Death of
Grantor Affidavit and recorded in the office of the county recorder where the
deed was recorded. The Death of Grantor Affidavit must be in substantially the
following form:

DEATH OF GRANTOR AFFIDAVIT

................... (here insert name of affiant), being
duly sworn, deposes and says that................... (here insert name of
deceased), the decedent mentioned in the attached certified copy of the
Certificate of Death, is the same person as................... (here insert
name of grantor), named as the grantor or as one of the grantors in the deed
upon death recorded on................... (date), as document or file
number.........., book.........., at page.........., records
of................... County, Nevada, covering the real property commonly known
as..................., City of..................., County
of..................., State of Nevada, or located in the County
of..................., State of Nevada, and more particularly described as:

(Legal Description)

................... (here insert name of affiant) is the
beneficiary or at least one of the beneficiaries to whom the real property is
conveyed upon the death of the grantor................... (here insert name of
deceased) or is the authorized representative of the beneficiary or at least
one of the beneficiaries. The beneficiary or beneficiaries listed in the deed
upon death are....................

THE UNDERSIGNED HEREBY AFFIRMS THAT THIS DOCUMENT SUBMITTED
FOR RECORDING CONTAINS A SOCIAL SECURITY NUMBER OF A PERSON OR PERSONS.

..... (Date)

..... (Signature)

State of Nevada }

}
ss.

County of.......................... }

Subscribed and sworn to on this
.......... day of .............., in the year .........., before me,
................... (here insert name of notary public), by ...................
(here insert name of principal).

120.290 1. Subject to
subsections 2 to 11, inclusive, delivery of a disclaimer may be effected by
personal delivery, first-class mail or any other method likely to result in its
receipt.

2. In the case of an interest
created under the law of intestate succession or an interest created by will,
other than an interest in a testamentary trust:

(a) A disclaimer must be
delivered to the personal representative of the decedents estate; or

(b) If no personal
representative is then serving, it must be filed with a court having
jurisdiction to appoint the personal representative.

3. In the case of an interest
in a testamentary trust:

(a) A disclaimer must be delivered
to the trustee then serving or, if no trustee is then serving, to the personal
representative of the decedents estate; or

(b) If no personal
representative is then serving, it must be filed with a court having
jurisdiction to enforce the trust.

4. In the case of an interest
in an inter vivos trust:

(a) A disclaimer must be
delivered to the trustee then serving;

(b) If no trustee is then
serving, it must be filed with a court having jurisdiction to enforce the
trust; or

(c) If the disclaimer is made
before the time the instrument creating the trust becomes irrevocable, it must
be delivered to the settlor of a revocable trust or the transferor of the
interest.

5. In the case of an interest
created by a beneficiary designation [made]which is disclaimed before
[the time] the designation becomes
irrevocable, [a]the disclaimer must be delivered to the person
making the beneficiary designation.

6. In the case of an interest
created by a beneficiary designation [made]which is disclaimed after
[the time] the designation becomes
irrevocable[,
a]:

(a) The disclaimer of an interest in personal property must be
delivered to the person obligated to distribute the interest[.] ; and

(b) The disclaimer of an interest in real property must
be recorded in the office of the county recorder of the county where the real
property that is the subject of the disclaimer is located.

7. In the case of a
disclaimer by a surviving holder of jointly held property, the disclaimer must
be delivered to the person to whom the disclaimed interest passes.

8. In the case of a
disclaimer by an object or taker in default of exercise of a power of
appointment at any time after the power was created:

(a) The disclaimer must be
delivered to the holder of the power or to the fiduciary acting under the
instrument that created the power; or

(b) If no fiduciary is then
serving, it must be filed with a court having authority to appoint the
fiduciary.

9. In the case of a
disclaimer by an appointee of a nonfiduciary power of appointment:

(a) The disclaimer must be
delivered to the holder, the personal representative of the holders estate or
to the fiduciary under the instrument that created the power; or

(b) If no fiduciary is then
serving, it must be filed with a court having authority to appoint the
fiduciary.

10. In the case of a
disclaimer by a fiduciary of a power over a trust or estate, the disclaimer
must be delivered as provided in subsection 2, 3 or 4, as if the power
disclaimed were an interest in property.

11. In the case of a
disclaimer of a power by an agent, the disclaimer must be delivered to the
principal or the principals representative.

12. As used in this section,
beneficiary designation means an instrument, other than an instrument
creating a trust, naming the beneficiary of:

(a) An annuity or insurance
policy;

(b) An account with a
designation for payment on death;

(c) A security registered in
beneficiary form;

(d) A pension, profit-sharing,
retirement or other employment-related benefit plan; or

(e) Any other nonprobate
transfer at death.

Sec. 29. NRS
120.320 is hereby amended to read as follows:

120.320 If an instrument
transferring an interest in or power over property subject to a disclaimer is
required or permitted by law to be filed, recorded or registered, the
disclaimer may be so filed, recorded or registered. [Failure]Except as otherwise provided in
paragraph (b) of subsection 6 of NRS 120.290, failure to file,
record or register the disclaimer does not affect its validity as between the
disclaimant and persons to whom the property interest or power passes by reason
of the disclaimer.

Sec. 30. NRS
253.0415 is hereby amended to read as follows:

253.0415 1. The public
administrator shall:

(a) Investigate:

(1) The financial status
of any decedent for whom he or she has been requested to serve as administrator
to determine the assets and liabilities of the estate.

(2) Whether there is any
qualified person who is willing and able to serve as administrator of the
estate of an intestate decedent to determine whether he or she is eligible to
serve in that capacity.

(3) Whether there are
beneficiaries named on any asset of the estate or whether any deed upon death
executed pursuant to [NRS 111.109]sections 2 to 27, inclusive, of this act is on
file with the county recorder.

(b) Except as otherwise
provided in NRS 253.0403 and 253.0425, petition the court for letters of
administration of the estate of an intestate decedent if, after investigation,
the public administrator finds that there is no other qualified person having a
prior right who is willing and able to serve.

(c) Upon court order, act as
administrator of the estate of an intestate decedent, regardless of the amount
of assets in the estate of the decedent if no other qualified person is willing
and able to serve.

2. The public administrator
shall not administer any estate:

(a) Held in joint tenancy
unless all joint tenants are deceased;

(b) For which a beneficiary
form has been registered pursuant to NRS 111.480 to 111.650, inclusive; or

(c) For which a deed upon
death has been executed pursuant to [NRS 111.109.] sections 2 to 27, inclusive, of this
act.

3. As used in this section,
intestate decedent means a person who has died without leaving a valid will,
trust or other estate plan.

Sec. 31. NRS
375.090 is hereby amended to read as follows:

375.090 The taxes imposed by
NRS 375.020, 375.023 and 375.026 do not apply to:

1. A mere change in identity,
form or place of organization, such as a transfer between a business entity and
its parent, its subsidiary or an affiliated business entity if the affiliated
business entity has identical common ownership.

2. A transfer of title to the
United States, any territory or state or any agency, department,
instrumentality or political subdivision thereof.

3. A transfer of title
recognizing the true status of ownership of the real property, including,
without limitation, a transfer by an instrument in writing pursuant to the
terms of a land sale installment contract previously recorded and upon which
the taxes imposed by this chapter have been paid.

4. A transfer of title
without consideration from one joint tenant or tenant in common to one or more
remaining joint tenants or tenants in common.

5. A transfer, assignment or
other conveyance of real property if the owner of the property is related to
the person to whom it is conveyed within the first degree of lineal
consanguinity or affinity.

6. A transfer of title
between former spouses in compliance with a decree of divorce.

7. A transfer of title to or
from a trust without consideration if a certificate of trust is presented at
the time of transfer.

9. A transfer, assignment or
other conveyance of real property to a corporation or other business
organization if the person conveying the property owns 100 percent of the
corporation or organization to which the conveyance is made.

10. A conveyance of real property
by deed which becomes effective upon the death of the grantor pursuant to [NRS
111.109.]
sections 2 to 27, inclusive, of this act.

11. The making, delivery or
filing of conveyances of real property to make effective any plan of
reorganization or adjustment:

(b) Approved in an equity
receivership proceeding involving a railroad, as defined in the Bankruptcy Act;
or

(c) Approved in an equity
receivership proceeding involving a corporation, as defined in the Bankruptcy
Act,

Κ
if the making, delivery or filing of instruments of transfer or conveyance
occurs within 5 years after the date of the confirmation, approval or change.

12. [The making or delivery of
conveyances of real property to make effective any order of the Securities and
Exchange Commission if:

(a) The order of the Securities and Exchange Commission
in obedience to which the transfer or conveyance is made recites that the
transfer or conveyance is necessary or appropriate to effectuate the provisions
of section 11 of the Public Utility Holding Company Act of 1935, 15 U.S.C. §
79k;

(b) The order specifies and itemizes the property which
is ordered to be transferred or conveyed; and

(c) The transfer or conveyance is made in obedience to
the order.

13.] A transfer to an educational
foundation. As used in this subsection, educational foundation has the
meaning ascribed to it in subsection 3 of NRS 388.750.

[14.]13. A transfer to a
university foundation. As used in this subsection, university foundation has
the meaning ascribed to it in subsection 3 of NRS 396.405.

Sec. 32. NRS
388.750 is hereby amended to read as follows:

388.750 1. An educational
foundation:

(a) Shall comply with the
provisions of chapter 241 of NRS;

(b) Except as otherwise
provided in subsection 2, shall make its records public and open to inspection
pursuant to NRS 239.010; and

(c) Is exempt from the taxes
imposed by NRS 375.020, 375.023 and 375.026 pursuant to subsection [13]12 of NRS 375.090.

2. An educational foundation
is not required to disclose the names of the contributors to the foundation or
the amount of their contributions. The educational foundation shall, upon
request, allow a contributor to examine, during regular business hours, any
record, document or other information of the foundation relating to that
contributor.

3. As used in this section,
educational foundation means a nonprofit corporation, association or
institution or a charitable organization that is:

(a) Organized and operated
exclusively for the purpose of supporting one or more kindergartens, elementary
schools, junior high or middle schools or high schools, or any combination
thereof;

(b) Formed pursuant to the
laws of this State; and

(c) Exempt from taxation
pursuant to 26 U.S.C. § 501(c)(3).

Sec. 33. NRS
396.405 is hereby amended to read as follows:

396.405 1. A university
foundation:

(a) Shall comply with the
provisions of chapter 241 of NRS;

(b) Except as otherwise
provided in subsection 2, shall make its records public and open to inspection
pursuant to NRS 239.010;

(c) Is exempt from the taxes imposed
by NRS 375.020, 375.023 and 375.026 pursuant to subsection [14]13 of NRS 375.090; and

(d) May allow a president or
an administrator of the university, state college or community college which it
supports to serve as a member of its governing body.

2. A university foundation is
not required to disclose the name of any contributor or potential contributor
to the university foundation, the amount of his or her contribution or any
information which may reveal or lead to the discovery of his or her identity.
The university foundation shall, upon request, allow a contributor to examine,
during regular business hours, any record, document or other information of the
foundation relating to that contributor.

3. As used in this section,
university foundation means a nonprofit corporation, association or
institution or a charitable organization that is:

(a) Organized and operated
primarily for the purpose of fundraising in support of a university, state
college or a community college;

(b) Formed pursuant to the
laws of this State; and

(c) Exempt from taxation
pursuant to 26 U.S.C. § 501(c)(3).

Sec. 34. NRS 111.109
is hereby repealed.

Sec. 35. The amendatory
provisions of this act apply to a deed upon death made before, on or after
October 1, 2011, by a grantor dying on or after October 1, 2011.

________

κ2011
Statutes of Nevada, Page 1357κ

CHAPTER 259, SB 246

Senate Bill No. 246Senator Leslie

CHAPTER 259

[Approved:
June 4, 2011]

AN ACT relating to
protection of children; requiring certain entities that have custody of
children pursuant to the order of a court to adopt a policy concerning the
administration and management of medication; requiring such entities to ensure
that employees who will administer medication to a child receive a copy of and
understand the policy; providing a penalty; and providing other matters
properly relating thereto.

Legislative Counsels Digest:

Existing law requires certain employees of certain
entities that have custody of children pursuant to the order of a court to
receive training on a variety of topics, including the administration of
medication to children. (NRS 62B.250, 63.190, 424.0365, 432A.177, 433B.175,
449.037) Section 2 of this bill requires a medical facility that accepts
custody of children pursuant to the order of a court to adopt a policy
concerning the administration and management of medication and to ensure that
each employee of the medical facility who will administer medication to a child
in the facility receives a copy of and understands the policy. Sections 8.5-12.5
of this bill impose the same requirement on: (1) a public or private
institution or agency to which a juvenile court commits a child, including,
without limitation, a facility for the detention of children; (2) a state
facility for the detention or commitment of children; (3) a specialized foster
home or a group foster home; (4) a child care facility which occasionally or
regularly has physical custody of children pursuant to the order of a court;
and (5) a treatment facility and any other facility of the Division of Child
and Family Services of the Department of Health and Human Services into which a
child may be committed by a court order.

EXPLANATION  Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. (Deleted by amendment.)

Sec. 2. Chapter 449
of NRS is hereby amended by adding thereto a new section to read as
follows:

1. Except as
otherwise provided in this section, a medical facility that has custody of a child pursuant to
the order of a court shall adopt a policy concerning the manner in which to:

(a) Document the
orders of the treating physician of a child;

(b) Administer
medication to a child;

(c) Store,
handle and dispose of medication;

(d) Document the
administration of medication and any errors in the administration of
medication;

(e) Minimize
errors in the administration of medication; and

(f) Address
errors in the administration of medication.

2. Such a
medical facility shall ensure that each employee of the medical facility who
will administer medication to such a child receives a copy of and understands
the policy adopted pursuant to subsection 1.

449.070 The provisions of NRS 449.001 to 449.240,
inclusive, and section 2 of this
act do not apply to:

1. Any facility conducted by and for the adherents of
any church or religious denomination for the purpose of providing facilities
for the care and treatment of the sick who depend solely upon spiritual means
through prayer for healing in the practice of the religion of the church or
denomination, except that such a facility shall comply with all regulations
relative to sanitation and safety applicable to other facilities of a similar
category.

2. Foster homes as defined in NRS 424.014.

3. Any medical facility or facility for the dependent
operated and maintained by the United States Government or an agency thereof.

Sec. 4. NRS 449.160
is hereby amended to read as follows:

449.160 1. The Health Division may deny an application
for a license or may suspend or revoke any license issued under the provisions
of NRS 449.001 to 449.240, inclusive, and section 2 of this act upon any of the
following grounds:

(a) Violation by the applicant or the licensee of any of
the provisions of NRS 439B.410 or 449.001 to 449.245, inclusive, and section 2 of this act, or
of any other law of this State or of the standards, rules and regulations
adopted thereunder.

(b) Aiding, abetting or permitting the commission of any
illegal act.

(c) Conduct inimical to the public health, morals,
welfare and safety of the people of the State of Nevada in the maintenance and
operation of the premises for which a license is issued.

(d) Conduct or practice detrimental to the health or
safety of the occupants or employees of the facility.

(e) Failure of the applicant to obtain written approval
from the Director of the Department of Health and Human Services as required by
NRS 439A.100 or as provided in any regulation adopted pursuant to this chapter,
if such approval is required.

(f) Failure to comply with the provisions of NRS
449.2486.

2. In addition to the provisions of subsection 1, the
Health Division may revoke a license to operate a facility for the dependent
if, with respect to that facility, the licensee that operates the facility, or
an agent or employee of the licensee:

(a) Is convicted of violating any of the provisions of
NRS 202.470;

(b) Is ordered to but fails to abate a nuisance pursuant
to NRS 244.360, 244.3603 or 268.4124; or

(c) Is ordered by the appropriate governmental agency to
correct a violation of a building, safety or health code or regulation but
fails to correct the violation.

3. The Health Division shall maintain a log of any
complaints that it receives relating to activities for which the Health
Division may revoke the license to operate a facility for the dependent
pursuant to subsection 2. The Health Division shall provide to a facility for
the care of adults during the day:

(a) A summary of a complaint against the facility if the
investigation of the complaint by the Health Division either substantiates the
complaint or is inconclusive;

(b) A report of any investigation conducted with respect
to the complaint; and

(c) A report of any disciplinary action taken against
the facility.

Κ The facility
shall make the information available to the public pursuant to NRS 449.2486.

4. On or before February 1 of each odd-numbered year,
the Health Division shall submit to the Director of the Legislative Counsel
Bureau a written report setting forth, for the previous biennium:

(a) Any complaints included in the log maintained by the
Health Division pursuant to subsection 3; and

(b) Any disciplinary actions taken by the Health
Division pursuant to subsection 2.

Sec. 5. NRS 449.163
is hereby amended to read as follows:

449.163 1. If a medical facility or facility for the
dependent violates any provision related to its licensure, including any
provision of NRS 439B.410 or 449.001 to 449.240, inclusive, and section 2 of this act, or
any condition, standard or regulation adopted by the Board, the Health
Division, in accordance with the regulations adopted pursuant to NRS 449.165,
may:

(a) Prohibit the facility from admitting any patient
until it determines that the facility has corrected the violation;

(b) Limit the occupancy of the facility to the number of
beds occupied when the violation occurred, until it determines that the
facility has corrected the violation;

(c) Impose an administrative penalty of not more than
$1,000 per day for each violation, together with interest thereon at a rate not
to exceed 10 percent per annum; and

(d) Appoint temporary management to oversee the operation
of the facility and to ensure the health and safety of the patients of the
facility, until:

(1) It determines that the facility has corrected
the violation and has management which is capable of ensuring continued
compliance with the applicable statutes, conditions, standards and regulations;
or

(2) Improvements are made to correct the
violation.

2. If a violation by a medical facility or facility for
the dependent relates to the health or safety of a patient, an administrative
penalty imposed pursuant to paragraph (c) of subsection 1 must be in a total
amount of not less than $1,000 and not more than $10,000 for each patient who
was harmed or at risk of harm as a result of the violation.

3. If the facility fails to pay any administrative
penalty imposed pursuant to paragraph (c) of subsection 1, the Health Division
may:

(a) Suspend the license of the facility until the
administrative penalty is paid; and

4. The Health Division may require any facility that
violates any provision of NRS 439B.410 or 449.001 to 449.240, inclusive, and section 2 of this act, or
any condition, standard or regulation adopted by the Board to make any improvements
necessary to correct the violation.

5. Any money collected as administrative penalties
pursuant to this section must be accounted for separately and used to protect
the health or property of the residents of the facility in accordance with applicable
federal standards.

449.220 1. The Health Division may bring an action in
the name of the State to enjoin any person, state or local government unit or
agency thereof from operating or maintaining any facility within the meaning of
NRS 449.001 to 449.240, inclusive[:] , and section 2 of this act:

(a) Without first obtaining a license therefor; or

(b) After his or her license has been revoked or
suspended by the Health Division.

2. It is sufficient in such action to allege that the
defendant did, on a certain date and in a certain place, operate and maintain
such a facility without a license.

Sec. 7. NRS 449.240
is hereby amended to read as follows:

449.240 The district attorney of the county in which
the facility is located shall, upon application by the Health Division,
institute and conduct the prosecution of any action for violation of any
provisions of NRS 449.001 to 449.245, inclusive[.] , and section 2 of this act.

Sec. 8. (Deleted by amendment.)

Sec. 8.5. Chapter
62B of NRS is hereby amended by adding thereto a new section to read as follows:

1.A
public or private institution or agency to which a juvenile court commits a
child, including, without limitation, a facility for the detention of children,
shall adopt a policy concerning the manner in which to:

(a) Document the
orders of the treating physician of a child;

(b) Administer
medication to a child;

(c) Store,
handle and dispose of medication;

(d) Document the
administration of medication and any errors in the administration of
medication;

(e) Minimize
errors in the administration of medication; and

(f) Address
errors in the administration of medication.

2. Such an
institution or agency shall ensure that each employee of the institution or
agency who will administer medication to a child at the institution or agency
receives a copy of and understands the policy adopted pursuant to subsection 1.

Sec. 9. (Deleted by amendment.)

Sec. 9.5. Chapter
63 of NRS is hereby amended by adding thereto a new section to read as
follows:

1.The
superintendent of a facility shall adopt a policy concerning the manner in
which to:

(a) Document the
orders of the treating physician of a child;

(b) Administer
medication to a child;

(c) Store,
handle and dispose of medication;

(d) Document the
administration of medication and any errors in the administration of
medication;

(e) Minimize
errors in the administration of medication; and

(f) Address
errors in the administration of medication.

2. The
superintendent shall ensure that each employee of the facility who will
administer medication to a child at the facility receives a copy of and
understands the policy adopted pursuant to subsection 1.

Sec. 10.5. Chapter
424 of NRS is hereby amended by adding thereto a new section to read as
follows:

1.A
licensee that operates a specialized foster home or a group foster home shall
adopt a policy concerning the manner in which to:

(a) Document the
orders of the treating physician of a child;

(b) Administer
medication to a child;

(c) Store,
handle and dispose of medication;

(d) Document the
administration of medication and any errors in the administration of medication;

(e) Minimize
errors in the administration of medication; and

(f) Address
errors in the administration of medication.

2. The licensee
shall ensure that each employee of the specialized foster home or group foster
home who will administer medication to a child at the specialized foster home
or group foster home receives a copy of and understands the policy adopted
pursuant to subsection 1.

Sec. 10.7. NRS
424.090 is hereby amended to read as follows:

424.090 The provisions of NRS 424.020 to 424.090, inclusive,
and section 10.5 of this act, do
not apply to homes in which:

1. Care is provided only for a neighbors or friends
child on an irregular or occasional basis for a brief period, not to exceed 90
days.

2. Care is provided by the legal guardian.

3. Care is provided for an exchange student.

4. Care is provided to enable a child to take advantage
of educational facilities that are not available in his or her home community.

5. Any child or children are received, cared for and
maintained pending completion of proceedings for adoption of such child or
children, except as otherwise provided in regulations adopted by the Division.

6. Except as otherwise provided in regulations adopted
by the Division, care is voluntarily provided to a minor child who is:

(a) Related to the caregiver by blood, adoption or
marriage; and

(b) Not in the custody of an agency which provides child
welfare services.

7. Care is provided to a minor child who is in the
custody of an agency which provides child welfare services pursuant to chapter
432B of NRS if:

(a) The caregiver is related to the child within the
fifth degree of consanguinity; and

(b) The caregiver is not licensed pursuant to the
provisions of NRS 424.020 to 424.090, inclusive[.] , and section 10.5 of this act.

Sec. 11. (Deleted by amendment.)

Sec. 11.5. Chapter
432A of NRS is hereby amended by adding thereto a new section to read as
follows:

1.A
licensee that operates a child care facility which occasionally or regularly
has physical custody of children pursuant to the order of a court, including,
without limitation, an emergency shelter, shall adopt a policy concerning the
manner in which to:

(a) Document the
orders of the treating physician of a child;

(b) Administer
medication to a child;

(c) Store,
handle and dispose of medication;

(d) Document the
administration of medication and any errors in the administration of
medication;

2. The licensee
shall ensure that each employee of the child care facility who will administer
medication to a child at the child care facility receives a copy of and
understands the policy adopted pursuant to subsection 1.

Sec. 11.7. NRS
432A.220 is hereby amended to read as follows:

432A.220 Any person who operates a child care facility
without a license issued pursuant to NRS 432A.131 to 432A.220, inclusive, and section 11.5 of this act is
guilty of a misdemeanor.

Sec. 12. (Deleted by amendment.)

Sec. 12.5. Chapter
433B of NRS is hereby amended by adding thereto a new section to read as
follows:

1.The
Administrator shall adopt a policy for each treatment facility and any other
division facility into which a child may be committed by a court order
concerning the manner in which to:

(a) Document the
orders of the treating physician of a child;

(b) Administer
medication to a child;

(c) Store,
handle and dispose of medication;

(d) Document the
administration of medication and any errors in the administration of
medication;

(e) Minimize
errors in the administration of medication; and

(f) Address
errors in the administration of medication.

2. The
Administrator shall ensure that each employee who comes into direct contact
with a child at any treatment facility and any other division facility into
which a child may be committed by a court order and who will administer
medication to a child receives a copy of and understands the policy adopted
pursuant to subsection 1.

Sec. 13. NRS
654.190 is hereby amended to read as follows:

654.190 1. The Board may, after notice and a hearing
as required by law, impose an administrative fine of not more than $10,000 for
each violation on, recover reasonable investigative fees and costs incurred
from, suspend, revoke, deny the issuance or renewal of or place conditions on
the license of, and place on probation or impose any combination of the
foregoing on any nursing facility administrator or administrator of a
residential facility for groups who:

(a) Is convicted of a felony relating to the practice of
administering a nursing facility or residential facility or of any offense
involving moral turpitude.

(b) Has obtained his or her license by the use of fraud
or deceit.

(c) Violates any of the provisions of this chapter.

(d) Aids or abets any person in the violation of any of
the provisions of NRS 449.001 to 449.240, inclusive, and section 2 of this act, as those provisions
pertain to a facility for skilled nursing, facility for intermediate care or residential
facility for groups.

(e) Violates any regulation of the Board prescribing
additional standards of conduct for nursing facility administrators or
administrators of residential facilities for groups, including, without
limitation, a code of ethics.

(f) Engages in conduct that violates the trust of a
patient or resident or exploits the relationship between the nursing facility
administrator or administrator of a residential facility for groups and the
patient or resident for the financial or other gain of the licensee.

2. The Board shall give a licensee against whom
proceedings are brought pursuant to this section written notice of a hearing
pursuant to NRS 233B.121 and 241.034. A licensee may waive, in writing, his or
her right to attend the hearing.

3. The Board may compel the attendance of witnesses or
the production of documents or objects by subpoena. The Board may adopt
regulations that set forth a procedure pursuant to which the Chair of the Board
may issue subpoenas on behalf of the Board. Any person who is subpoenaed
pursuant to this subsection may request the Board to modify the terms of the
subpoena or grant additional time for compliance.

4. An order that imposes discipline and the findings of
fact and conclusions of law supporting that order are public records.

5. The expiration of a license by operation of law or
by order or decision of the Board or a court, or the voluntary surrender of a
license, does not deprive the Board of jurisdiction to proceed with any
investigation of, or action or disciplinary proceeding against, the licensee or
to render a decision suspending or revoking the license.

Sec. 14. (Deleted by amendment.)

Sec. 15. This act becomes effective on January 1,
2012.

________

CHAPTER 260, SB 225

Senate Bill No. 225Senator Cegavske

CHAPTER 260

[Approved:
June 4, 2011]

AN ACT relating to
public health; establishing provisions for the designation of certain hospitals
as primary stroke centers; authorizing the State Board of Health to adopt
regulations; and providing other matters properly relating thereto.

Legislative Counsels Digest:

This bill establishes provisions for the Health Division
of the Department of Health and Human Services to acknowledge and prepare a
list of hospitals that are designated as primary stroke centers. This bill also
authorizes the State Board of Health to adopt regulations relating to such
designations. This bill further provides that a licensed hospital which is not
designated as a primary stroke center may not advertise that the hospital is a
primary stroke center. This bill does not prohibit any hospital from providing
care to a victim of stroke, even if the hospital does not receive such a
designation.

EXPLANATION  Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 449 of NRS is hereby amended by
adding thereto a new section to read as follows:

1. A hospital
licensed pursuant to NRS 449.001 to 449.240, inclusive, may submit to the
Health Division proof that the hospital is certified as a primary stroke center
by the Joint Commission, its successor organization or an equivalent organization approved by the Health Division.

or an equivalent
organization approved by the Health Division. Upon receiving proof that a
hospital is certified as a primary stroke center, the Health Division shall
include the hospital on the list established pursuant to subsection 2.

2. On or before
July 1 of each year, the Health Division shall post a list of the hospitals
designated as primary stroke centers on an Internet website maintained by the
Health Division.

3. If a
hospital wishes to be included as a primary stroke center on the list
established pursuant to subsection 2, the hospital must annually resubmit the
proof required pursuant to this section.

4. The Health
Division may remove a hospital from the list established pursuant to subsection
2 if the certificate recognizing the hospital as a primary stroke center issued
by the Joint Commission, its successor organization or an equivalent
organization, as applicable, is suspended or revoked.

5. A hospital
that is not included on the list established pursuant to subsection 2 as a
primary stroke center shall not represent, advertise or imply that the hospital
is designated as a primary stroke center.

6. The
provisions of this section do not prohibit a hospital that is licensed pursuant
to NRS 449.001 to 449.240, inclusive, from providing care to a victim of stroke
if the hospital does not have a designation as a primary stroke center.

7. The Board
may adopt regulations to carry out the provisions of this section and to
designate hospitals with similar certifications which are recognized by the
Joint Commission, its successor organization or an equivalent organization.

Sec. 2. This act becomes effective on January 1,
2012.

________

κ2011
Statutes of Nevada, Page 1365κ

CHAPTER 261, SB 430

Senate Bill No. 430Committee on Finance

CHAPTER 261

[Approved:
June 4, 2011]

AN ACT relating to
children; transferring the authority to regulate and oversee certain child care
facilities to the Health Division of the Department of Health and Human
Services; eliminating the Bureau of Services for Child Care of the Division of
Child and Family Services of the Department; repealing provisions relating to
the Chief of the Bureau; eliminating the Board for Child Care; and providing
other matters properly relating thereto.

Legislative Counsels Digest:

Existing law requires the Board for Child Care to adopt
regulations and set policies relating to child care facilities. Existing law
also requires the Bureau of Services for Child Care of the Division of Child
and Family Services of the Department of Health and Human Services to carry out
and administer the licensure of child care facilities. (Chapter 432A of NRS) Section
26 of this bill repeals provisions which created the Bureau and the Board
for Child Care and repeals related provisions governing the appointment and
qualifications of the Chief of the Bureau. Sections 1-25 of this bill
transfer the duties of the Board for Child Care to the State Board of Health. Sections
1-25 also transfer the duties of the Bureau to the Health Division of the
Department.

EXPLANATION  Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 432A of NRS is hereby amended by
adding thereto a new section to read as follows:

Health
Division means the Health Division of the Department.

Sec. 2. NRS
432A.020 is hereby amended to read as follows:

432A.020 As used in this chapter, unless the context
otherwise requires, the words and terms defined in NRS 432A.0205 to 432A.028,
inclusive, and section 1 of this
act have the meanings ascribed to them in those sections.

Sec. 3. NRS
432A.021 is hereby amended to read as follows:

432A.021 Board means the State Board [for Child Care.] of Health.

Sec. 4. NRS
432A.040 is hereby amended to read as follows:

432A.040 The [Bureau]Health Division shall:

1. Serve as a clearinghouse for information relating to
child care.

2. Assist the Director in all matters pertaining to
child care services and programs.

3. Develop plans and conduct and arrange for research
and demonstration programs in the field of child care.

4. Provide technical assistance and consultation to
political subdivisions with respect to programs for child care.

6. Gather statistics in the field of child care which
other federal and state agencies are not collecting.

7. Stimulate more effective use of existing resources
and available services for child care.

Sec. 5. NRS
432A.080 is hereby amended to read as follows:

432A.080 The Department through the Health Division may make
agreements, arrangements or plans to:

1. Cooperate with the Federal Government in carrying
out the purposes of this chapter or of any federal statutes pertaining to child
care services and programs and to this end may adopt such methods of
administration as are found by the Federal Government to be necessary for the
proper and efficient operation of such agreements, arrangements or plans; and

2. Comply with such conditions as may be necessary to
secure benefits under those federal statutes.

Sec. 6. NRS
432A.090 is hereby amended to read as follows:

432A.090 The [Bureau]Health Division may
develop a state plan for services and programs relating to child care and may
comply with such other requirements as may be necessary to obtain federal
money. In developing and revising the state plan, the [Bureau]Health Division shall
consider, among other things, the amount of money available from the Federal
Government and the conditions attached to the acceptance of such money, and the
limitations of legislative appropriations for services and programs relating to
child care.

Sec. 7. NRS
432A.100 is hereby amended to read as follows:

432A.100 1. The State Treasurer is designated as
custodian of all money received from the Federal Government for carrying out
the purposes of this chapter or any agreements, arrangements or plans authorized
thereby.

2. The State Treasurer shall make disbursements of such
money and from all state funds available for the purposes of this chapter upon
certification by the designated official of the [Bureau.] Health Division.

Sec. 8. NRS
432A.110 is hereby amended to read as follows:

432A.110 1. All gifts of money which the [Bureau]Health Division is
authorized to accept must be deposited in the State Treasury for credit to the
Gift Account for Child Care Services in the Department of Health and Human
Services Gift Fund. The money may be invested and reinvested and must be used
in accordance with the conditions of the gift.

2. All claims must be approved by the [Chief]Administrator of the Health
Division before they are paid.

Sec. 9.NRS
432A.131 is hereby amended to read as follows:

432A.131 1. Child care facilities, other than child
care institutions, in any county or incorporated city where the governing body
has established an agency for the licensing of child care facilities and enacted
an ordinance requiring that child care facilities be licensed by the county or
city need not be licensed by the [Bureau.]Health Division. The
licensing agency shall adopt such standards and other regulations as may be
necessary for the licensing of child care facilities, and the standards and
regulations:

(a) Must be not less restrictive than those adopted by
the Board; and

(b) Take effect only upon their approval by the [Bureau.] Health Division.

2. An agency for the licensing of child care facilities
established by a city or county may waive compliance with a particular standard
or other regulation by a child care facility if:

(a) The agency finds that the practices and policies of
that facility are substantially equivalent to those required by the agency in
its standards and other regulations; and

(b) The waiver does not allow a practice which violates
a regulation adopted by the Board.

3. A governing body may adopt such standards and other
regulations as may be necessary for the regulation of facilities which provide
care for fewer than five children. If the standards so adopted are less
restrictive than the standards for the licensure of child care facilities which
have been adopted by the Board, the governing body shall not issue a license to
the smaller facilities, but may register them in accordance with the standards
which are less restrictive.

4. If a governing body intends to amend or repeal an
ordinance providing for the licensing of child care facilities and the effect
of that action will be the discontinuance of the governing bodys licensure of
child care facilities, the governing body shall notify the [Bureau]Health Division of
its intention to do so at least 12 months before the amendment or repeal
becomes effective.

5. A child care institution must be licensed by the [Bureau.] Health Division.

Sec. 10. NRS
432A.141 is hereby amended to read as follows:

432A.141 1. If, after investigation, the [Bureau]Health Division finds
that an applicant is in full compliance with the provisions of this chapter and
the standards and regulations adopted pursuant to this chapter, the [Bureau]Health Division shall
issue to the applicant the license applied for.

2. The [Bureau]Health Division shall charge and collect a fee
for each license issued for a child care facility in an amount prescribed by
regulation of the Board.

3. The initial license issued by the [Bureau]Health Division may
be effective for a period not exceeding 1 year from the date of issuance.

4. A license that is renewed by the [Bureau]Health Division is
effective for 1 year from the date of renewal.

5. A license applies only to the person named therein
and is not transferable.

6. A license issued for:

(a) An outdoor youth program is valid only for the area
of operation described in the license.

(b) Any other child care facility is valid only for the
premises described in the license.

Sec. 11. NRS
432A.150 is hereby amended to read as follows:

432A.150 Each license issued by the [Bureau]Health Division must
contain:

1. The name of the person or persons authorized to
operate the licensed facility;

2. The location of the licensed facility or, if the
license is for an outdoor youth program, the area of operation of the program;
and

3. The number of beds authorized in the licensed
facility, the nature of services offered and the service delivery capacity.

Sec. 12. NRS
432A.160 is hereby amended to read as follows:

432A.160 1. Except as otherwise provided in this
section, the [Bureau]Health Division may issue a provisional
license, effective for a period not exceeding 1 year, to a child care facility
which:

(a) Is in operation at the time of adoption of standards
and other regulations pursuant to the provisions of this chapter, if the [Bureau]Health Division determines
that the facility requires a reasonable time under the particular
circumstances, not to exceed 1 year from the date of the adoption, within which
to comply with the standards and other regulations;

(b) Has failed to comply with the standards and other
regulations, if the [Bureau]Health Division determines that the facility
is in the process of making the necessary changes or has agreed to effect the
changes within a reasonable time; or

(c) Is in the process of applying for a license, if the [Bureau]Health Division determines
that the facility requires a reasonable time within which to comply with the
standards and other regulations.

2. The provisions of subsection 1 do not require the
issuance of a license or prevent the [Bureau]Health Division from
refusing to renew or from revoking or suspending any license in any instance
where the [Bureau]Health Division considers that action
necessary for the health and safety of the occupants of any facility or the
clients of any outdoor youth program.

3. A provisional license must not be issued pursuant to
this section unless the [Bureau]Health Division has completed an investigation
into the qualifications and background of the applicant and the employees of
the applicant pursuant to NRS 432A.170 to ensure that the applicant and each
employee of the applicant, or every resident of the child care facility or
participant in any outdoor youth program who is 18 years of age or older, has
not been convicted of a crime listed in subsection 2 of NRS 432A.170 and has
not had a substantiated report of child abuse or neglect made against him or
her.

Sec. 13. NRS
432A.170 is hereby amended to read as follows:

432A.170 1. The [Bureau]Health Division may,
upon receipt of an application for a license to operate a child care facility,
conduct an investigation into the:

(a) Buildings or premises of the facility and, if the
application is for an outdoor youth program, the area of operation of the
program;

(b) Qualifications and background of the applicant or
the employees of the applicant;

(c) Method of operation for the facility; and

(d) Policies and purposes of the applicant.

2. The [Bureau]Health Division shall secure from appropriate
law enforcement agencies information on the background and personal history of
every applicant, licensee or employee of an applicant or licensee, or every
resident of a child care facility or participant in an outdoor youth program
who is 18 years of age or older, to determine whether the person has been
convicted of:

(a) Murder, voluntary manslaughter or mayhem;

(b) Any other felony involving the use of a firearm or other
deadly weapon;

(c) Assault with intent to kill or to commit sexual
assault or mayhem;

(f) A violation of any federal or state law regulating
the possession, distribution or use of any controlled substance or any
dangerous drug as defined in chapter 454 of NRS;

(g) Abuse, neglect, exploitation or isolation of older
persons or vulnerable persons, including, without limitation, a violation of
any provision of NRS 200.5091 to 200.50995, inclusive, or a law of any other
jurisdiction that prohibits the same or similar conduct; or

3. The [Bureau]Health Division shall request information
concerning every applicant, licensee or employee of an applicant or licensee,
or every resident of a child care facility or participant in an outdoor youth
program who is 18 years of age or older, from the Statewide Central Registry
for the Collection of Information Concerning the Abuse or Neglect of a Child
established pursuant to NRS 432.100 to determine whether there has been a
substantiated report of child abuse or neglect made against any of them.

4. The [Bureau]Health Division may charge each person
investigated pursuant to this section for the reasonable cost of that
investigation.

5. The information required to be obtained pursuant to
subsections 2 and 3 must be requested concerning an:

(a) Employee of an applicant or licensee, resident of a
child care facility or participant in an outdoor youth program who is 18 years
of age or older not later than 3 days after the employee is hired, the
residency begins or the participant begins participating in the program, and
then at least once every 6 years thereafter.

(b) Applicant at the time that an application is
submitted for licensure, and then at least once every 6 years after the license
is issued.

Sec. 14. NRS
432A.175 is hereby amended to read as follows:

432A.175 1. Every applicant for a license to operate a
child care facility, licensee and employee of such an applicant or licensee,
and every resident of a child care facility or participant in an outdoor youth
program who is 18 years of age or older, shall submit to the [Bureau,]Health Division, or
to the person or agency designated by the [Bureau,]Health Division, to
enable the [Bureau]Health Division to conduct an investigation
pursuant to NRS 432A.170, a:

(a) Complete set of fingerprints and a written
authorization for the [Bureau]Health Division or its designee to forward the
fingerprints to the Central Repository for Nevada Records of Criminal History
for submission to the Federal Bureau of Investigation for its report;

(b) Written statement detailing any prior criminal
convictions; and

(c) Written authorization for the [Bureau]Health Division to
obtain any information that may be available from the Statewide Central
Registry for the Collection of Information Concerning the Abuse or Neglect of a
Child established pursuant to NRS 432.100.

2. If an employee of an applicant for a license to
operate a child care facility or licensee, or a resident of a child care
facility or participant in an outdoor youth program who is 18 years of age or
older, has been convicted of any crime listed in subsection 2 of NRS 432A.170
or has had a substantiated report of child abuse or
neglect filed against him or her, the [Bureau] Health Division shall
immediately notify the applicant or licensee, who shall then comply with the
provisions of NRS 432A.1755.

substantiated report of child abuse or neglect filed against
him or her, the [Bureau]Health Division shall immediately notify the
applicant or licensee, who shall then comply with the provisions of NRS
432A.1755.

3. An applicant for a license to operate a child care
facility or licensee shall notify the [Bureau]Health Division within
2 days after receiving notice that:

(a) The applicant, licensee or an employee of the
applicant or licensee, or a resident of the child care facility or participant
in an outdoor youth program who is 18 years of age or older, or a facility or
program operated by the applicant or licensee, is the subject of a lawsuit or
any disciplinary proceeding; or

(b) The applicant or licensee, an employee, a resident
or participant has been charged with a crime listed in subsection 2 of NRS
432A.170 or is being investigated for child abuse or neglect.

Sec. 15. NRS
432A.178 is hereby amended to read as follows:

432A.178 1. A child care facility shall maintain a
copy of:

(a) The license issued to the facility by the [Bureau]Health Division or
an agency for the licensing of child care facilities established by a county or
incorporated city;

(b) Any summaries of complaints provided to the facility
pursuant to subsection 3 of NRS 432A.190;

(c) The report of any investigation conducted with
respect to the complaints; and

(d) The report of any disciplinary action taken against
the facility pursuant to NRS 432A.190.

2. The information maintained pursuant to subsection 1
must be provided in the form prescribed pursuant to subsection 3:

(a) To the parent or guardian of a child who enrolls the
child in the facility, at or before the time of enrollment.

(b) To the parent or guardian of a child, upon request,
who is considering enrolling the child in the facility.

(c) In the case of disciplinary action taken pursuant to
NRS 432A.190, to the parents or guardians of all children admitted to the
facility. Notice of disciplinary action must be provided to the parents or
guardians of the children admitted to the facility within 3 working days after
receipt by the licensed child care facility.

3. The [Bureau]Health Division shall develop a standard form
for reporting the information required to be provided pursuant to subsection 2.
The information reported on the form must include all required information for
the 12-month period ending on the last day of the month immediately preceding
the month in which the information is provided.

4. The [Bureau]Health Division and every agency for the
licensing of child care facilities established by a county or incorporated city
shall inform persons seeking information concerning child care facilities of
their right to information pursuant to this section.

Sec. 16. NRS
432A.1785 is hereby amended to read as follows:

432A.1785 1. Each applicant for a license to operate a
child care facility and licensee shall maintain records of the information
concerning its employees and any residents of the child care facility or
participants in any outdoor youth program who are 18 years of age or older that
is collected pursuant to NRS 432A.170 and 432A.175, including, without
limitation:

(a) Proof that the applicant or licensee submitted
fingerprints to the Central Repository for Nevada Records of Criminal Historyfor its report; and

(b) The written authorization to obtain information from
the Statewide Central Registry for the Collection of Information Concerning the
Abuse or Neglect of a Child established pursuant to NRS 432.100.

2. The records maintained pursuant to subsection 1 must
be made available for inspection by the [Bureau]Health Division at
any reasonable time, and copies thereof must be furnished to the [Bureau]Health Division upon
request.

Sec. 17. NRS
432A.180 is hereby amended to read as follows:

432A.180 1. Any authorized member or employee of the [Bureau]Health Division may
enter and inspect any building or premises of a child care facility or the area
of operation of an outdoor youth program at any time to secure compliance with
or prevent a violation of any provision of this chapter.

2. The State Fire Marshal or a designee of the State
Fire Marshal shall, at least annually:

(a) Enter and inspect every building or premises of a
child care facility, on behalf of the [Bureau;]Health Division; and

(b) Observe and make recommendations regarding the
drills conducted pursuant to NRS 432A.077,

Κ to secure
compliance with standards for safety from fire and other emergencies.

3. The State Health Officer or a designee of the State
Health Officer shall enter and inspect at least annually, every building or
premises of a child care facility and area of operation of an outdoor youth
program, on behalf of the [Bureau,]Health Division, to secure compliance with
standards for health and sanitation.

4. The annual inspection of any child care facility
which occasionally or regularly has physical custody of children pursuant to
the order of a court must include, without limitation, an inspection of all
areas where food is prepared and served, bathrooms, areas used for sleeping,
common areas and areas located outdoors that are used by children at the child
care facility. The State Health Officer shall publish reports of the
inspections and make them available for public inspection upon request.

Sec. 18. NRS
432A.190 is hereby amended to read as follows:

432A.190 1. The [Bureau]Health Division may
deny an application for a license to operate a child care facility or may
suspend or revoke such a license upon any of the following grounds:

(a) Violation by the applicant or licensee or an
employee of the applicant or licensee of any of the provisions of this chapter
or of any other law of this State or of the standards and other regulations
adopted thereunder.

(b) Aiding, abetting or permitting the commission of any
illegal act.

(c) Conduct inimical to the public health, morals,
welfare and safety of the people of the State of Nevada in the maintenance and
operation of the child care facility for which a license is issued.

(d) Conduct or practice detrimental to the health or
safety of the occupants or employees of the child care facility, or the clients
of the outdoor youth program.

(e) Conviction of any crime listed in subsection 2 of
NRS 432A.170 committed by the applicant or licensee or an employee of the
applicant or licensee, or by a resident of the child care
facility or participant in the outdoor youth program who is 18 years of age or
older.

licensee, or by a resident of the child care facility or
participant in the outdoor youth program who is 18 years of age or older.

(f) Failure to comply with the provisions of NRS
432A.178.

(g) Substantiation of a report of child abuse or neglect
made against the applicant or licensee.

(h) Conduct which is found to pose a threat to the
health or welfare of a child or which demonstrates that the applicant or
licensee is otherwise unfit to work with children.

(i) Violation by the applicant or licensee of the
provisions of NRS 432A.1755 by continuing to employ a person, allowing a
resident to continue to reside in the child care facility or allowing a
participant in an outdoor youth program to continue to participate in the
program if the employee, or the resident or participant who is 18 years of age
or older, has been convicted of a crime listed in subsection 2 of NRS 432A.170
or has had a substantiated report of child abuse or neglect made against him or
her.

2. In addition to the provisions of subsection 1, the [Bureau]Health Division may
revoke a license to operate a child care facility if, with respect to that
facility, the licensee that operates the facility, or an agent or employee of
the licensee:

(a) Is convicted of violating any of the provisions of
NRS 202.470;

(b) Is ordered to but fails to abate a nuisance pursuant
to NRS 244.360, 244.3603 or 268.4124; or

(c) Is ordered by the appropriate governmental agency to
correct a violation of a building, safety or health code or regulation but
fails to correct the violation.

3. The [Bureau]Health Division shall maintain a log of any
complaints that it receives relating to activities for which the [Bureau]Health Division may
revoke the license to operate a child care facility pursuant to subsection 2.
The [Bureau]Health Division shall provide to a child care
facility:

(a) A summary of a complaint against the facility if the
investigation of the complaint by the [Bureau]Health Division either
substantiates the complaint or is inconclusive;

(b) A report of any investigation conducted with respect
to the complaint; and

(c) A report of any disciplinary action taken against
the facility.

Κ The facility
shall make the information available to the public pursuant to NRS 432A.178.

4. In addition to any other disciplinary action, the [Bureau]Health Division may
impose an administrative fine for a violation of any provision of this chapter
or any regulation adopted pursuant thereto. The [Bureau]Health Division shall
afford to any person so fined an opportunity for a hearing. Any money collected
for the imposition of such a fine must be credited to the State General Fund.

5. On or before February 1 of each odd-numbered year,
the [Bureau]Health Division shall submit to the Director
of the Legislative Counsel Bureau a written report setting forth, for the
previous biennium:

(a) Any complaints included in the log maintained by the
[Bureau]Health Division pursuant to subsection 3; and

(b) Any disciplinary actions taken by the [Bureau]Health Division pursuant
to subsection 2.

432A.200 1. When the [Bureau]Health Division denies,
suspends or revokes a license for a child care facility, the [Bureau]Health Division shall
afford reasonable notice to all parties by certified mail, which notice must
contain the legal authority, jurisdiction and reasons for the action taken.

2. The aggrieved person may file notice of appeal with
the [Chief]Administrator of the Health Division or a designee of the
Administrator within 10 calendar days after receipt of notice of
action of the [Bureau.] Health Division.

3. Within 20 calendar days after the receipt of the
notice of appeal, the [Chief]Administrator of the Health Division or a designee of the
Administrator shall hold a hearing.

4. Notice of the hearing must be given no less than 5
days before the date set for the hearing.

Sec. 20. NRS
432A.210 is hereby amended to read as follows:

432A.210 1. Except as provided in subsection 1 of NRS
432A.131, the [Bureau]Health Division may bring an action in the
name of the State to enjoin any person, state or local government unit or
agency thereof from operating or maintaining any child care facility:

(a) Without first obtaining a license therefor; or

(b) After his or her license has been revoked or
suspended by the [Bureau.] Health Division.

2. It is sufficient in such an action to allege that
the defendant did, on a certain date and in a certain place, operate and maintain
the facility without a license.

Sec. 21. NRS
432A.380 is hereby amended to read as follows:

432A.380 A provider shall not conduct an outdoor youth
program unless it employs:

1. A field administrator who:

(a) Is not less than 25 years of age;

(b) Holds a baccalaureate or higher degree, from an
accredited college or university, in recreational therapy or a related field;

(c) Has completed a program of training, approved by the
[Bureau,]Health Division, on survival in the
wilderness;

(d) Has not less than 2 years experience in the
specific type of outdoor youth program being conducted; and

(e) Is certified and receives annual training in the use
and administration of first aid, including cardiopulmonary resuscitation.

2. Senior field staff and support staff who:

(a) Are not less than 21 years of age;

(b) Have graduated from high school and satisfactorily
completed not less than 24 semester hours of academic instruction, at an
accredited college or university, in subjects relating to the care of children;

(c) Have completed a program of training, approved by
the [Bureau,]Health Division, on survival in the
wilderness;

(d) Have not less than 6 months experience in the field
with an outdoor youth program; and

(e) Are certified and receive annual training in the use
and administration of first aid, including cardiopulmonary resuscitation.

3. Additional field staff, in such a number as
necessary to comply with the requirements of NRS 432A.480, who:

(b) Have graduated from high school and satisfactorily
completed not less than 12 semester hours of academic instruction, at an
accredited college or university, in subjects relating to the care of children;

(c) Display skills in leadership; and

(d) Are certified and receive annual training in the use
and administration of first aid, including cardiopulmonary resuscitation.

Sec. 22. NRS
432A.390 is hereby amended to read as follows:

432A.390 1. A provider may authorize:

(a) A person to obtain experience in the field, as an
intern member of the staff of an outdoor youth program, if the person is:

(1) Not less than 21 years of age; and

(2) Supervised by the field staff.

(b) A person who is not a client or member of the staff
of an outdoor youth program to participate in the program as a voluntary
assistant if the person is:

(1) Not less than 18 years of age;

(2) Under the direct supervision of the field
staff; and

(3) Not allowed to supervise clients.

2. A provider and a field administrator shall not:

(a) Without the specific approval of the [Bureau,]Health Division, allow
a person to participate in an outdoor youth program unless the person has
attained the age of 14 years.

(b) Allow a client who is less than 18 years of age to
participate in an outdoor youth program with any client who is 18 years of age
or older.

Sec. 23. NRS
432A.410 is hereby amended to read as follows:

432A.410 Each member of the staff of an outdoor youth
program, including intern members, must be properly trained before they may
participate in the program. The training required by this section must be
approved by the [Bureau]Health Division and:

1. Consist of:

(a) Not less than 7 days of academic instruction; and

(b) Not less than 21 days of practical instruction in
the field.

2. Include instruction in:

(a) Leadership and the exercise of good judgment;

(b) The maintenance of a daily log;

(c) Management of the behavior of clients;

(d) Skills and techniques for the counseling, teaching
and supervision of clients;

(e) Skills and techniques for conducting expeditions
without adversely affecting the environment;

(f) The procurement, preparation and conservation of
water, food and shelter in the field;

(g) Procedures for sanitation;

(h) Navigational skills;

(i) Precautions for local environmental conditions;

(j) First aid, including cardiopulmonary resuscitation,
and other medical information that is useful in the field;

(k) Procedures for and the use of equipment to maintain
the safety of clients;

(n) Such other information, skills and techniques as the
[Bureau]Health Division deems necessary.

Sec. 24. NRS
432A.460 is hereby amended to read as follows:

432A.460 A field administrator shall:

1. Establish a base camp that is continuously monitored
by at least one member of the staff of the outdoor youth program while clients
are participating in the program.

2. Maintain in the base camp:

(a) A master map of the entire area in which activities
are conducted pursuant to the program.

(b) A file regarding each client and member of the staff
who is participating in the program. Each file must contain biographical and
medical information concerning the client or member of the staff and
information regarding his or her qualifications and fitness for participation
in the program.

(c) A current list of each client and member of the
staff who is on an expedition.

(d) A copy of the itinerary for each expedition,
including the intended schedule, and a map of the route for the expedition. The
field administrator shall, before the expedition leaves the base camp, deliver
a copy of the itinerary and map to the [Bureau.] Health Division.

(e) A log of each communication between the base camp
and a group on expedition.

3. Supervise the maintenance of communications,
inspection of equipment and rendering of first aid.

4. Provide the [Bureau]Health Division with
any information it requests regarding the outdoor youth program.

Sec. 25. NRS
432A.500 is hereby amended to read as follows:

432A.500 1. A field administrator shall ensure that
each group of clients does not hike beyond the physical limitations of the
weakest member of the group. If the outdoor temperature is greater than 90
degrees Fahrenheit, clients must not be allowed to hike between 10 a.m. and 6
p.m.

2. The field staff shall:

(a) Provide clients with daily instruction upon:

(1) Federal, state and local laws and regulations
for the protection of the environment; and

(2) Conducting themselves in such a manner as not
to have an adverse effect on the environment.

(b) Maintain a common daily log of all accidents,
injuries, administrations of medication, behavioral problems and any unusual
incidents that occur. The log must be in bound form, except that a log may be
recorded electronically while on an expedition if it is transcribed into a
bound volume immediately after the expedition. All entries must be in permanent
ink and signed by the entrant. A provider or field administrator shall, upon
request, allow any authorized member or employee of the [Bureau]Health Division to
inspect the log, and shall not allow any person to alter or destroy the log or
any of its entries.

(c) While on an expedition, carry an itinerary of the
expedition, including the intended schedule, and a map of the route for the
expedition.

1. In preparing the reprint and supplements to the Nevada
Revised Statutes, appropriately change any references to an officer, agency or
other entity whose name is changed or whose responsibilities are transferred
pursuant to the provisions of this act to refer to the appropriate officer,
agency or other entity.

2. In preparing supplements to the Nevada Administrative
Code, appropriately change any references to an officer, agency or other entity
whose name is changed or whose responsibilities are transferred pursuant to the
provisions of this act to refer to the appropriate officer, agency or other
entity.

Sec. 28. Any regulations adopted by the Board for
Child Care before July 1, 2011, pursuant to chapter 432A of NRS remain in
effect and may be enforced by the State Board of Health until the State Board
of Health adopts regulations to repeal or replace those regulations.

Sec. 29. This act becomes effective on July 1, 2011.

________

CHAPTER 262, AB 198

Assembly Bill No. 198Assemblymen Grady; Ellison and
Livermore

CHAPTER 262

[Approved:
June 4, 2011]

AN ACT relating to
the Nevada Rural Housing Authority; revising the definition of local
government to include the Authority for the purpose of loans from a local
government in certain counties to the Authority; revising the requirements for
eligibility to serve as a commissioner of the Authority; authorizing the
Authority to receive a loan from a local government; and providing other
matters properly relating thereto.

Legislative Counsels Digest:

Under existing law, before a local government may make
an interfund loan or loan of money to another local government, the governing
body of the local government that wishes to make the loan must determine at a
public hearing that a sufficient amount of unrestricted money is available for
the loan and that the loan will not compromise the economic viability of the
fund from which the money is loaned. The local government must also establish
at the public hearing: (1) the amount of time the money will be on loan from
the fund; (2) the terms and conditions for repaying the loan; and (3) the rate
of interest, if any, to be charged for the loan. (NRS 354.6118) For the purpose
of making such a loan, the term local government does not include the Nevada
Rural Housing Authority. (NRS 354.474) Existing law confers upon the Nevada Rural
Housing Authority the authority to engage in various activities relating to the
purposes for which the Authority was created, including, without limitation,
the authority to enter into agreements or other transactions with any
governmental agency or other source to further those purposes. (NRS 315.983)

Section 1 of this bill revises the definition of
local government to include the Nevada Rural Housing Authority for the sole
purpose of loans from a local government in a county whose population is less
than 100,000 (currently counties other than Clark and Washoe Counties) to the
Authority in accordance with existing law. Section 3 of this bill
expands the authorized actions of the Nevada Rural Housing Authority to include
receipt by the Authority of such a loan of money from a local government.

Existing law provides for the appointment of five
commissioners to serve as members of the Nevada Rural Housing Authority. Of
those five commissioners, one commissioner must be appointed jointly by the
Nevada League of Cities and the Nevada Association of Counties and must be a
recipient of assistance from the Authority. If that commissioner ceases to
receive assistance from the Authority, he or she must be replaced by a person
who receives such assistance. (NRS 315.977) Section 2 of this bill
revises the requirements for appointing that commissioner by providing that, if
the commissioner no longer receives assistance from the Authority, he or she
may continue to serve as a commissioner for the remainder of the unexpired term
for which he or she was appointed if he or she resides within the area of
operation of the Authority.

Existing law authorizes the Authority to operate in any
area of this State which is not included within the corporate limits of a city
or town having a population of 100,000 or more. (NRS 315.9835) Section 4
of this bill authorizes the Authority to provide services in any area of the
State if the Authority has contracted with the State or a local government to
provide those services in that area. Section 4 specifies that the
provision of those services does not include the making of a mortgage loan, the
issuance of a mortgage credit certificate or bonds to finance a multifamily
housing project, the allocation of a low-income housing tax credit or
weatherization.

EXPLANATION  Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS
354.474 is hereby amended to read as follows:

354.474 1. Except as otherwise provided in subsections
2 and 3, the provisions of NRS 354.470 to 354.626, inclusive, apply to all
local governments. For the purpose of NRS 354.470 to 354.626, inclusive:

(a) Local government means every political subdivision
or other entity which has the right to levy or receive money from ad valorem or
other taxes or any mandatory assessments, and includes, without limitation,
counties, cities, towns, boards, school districts and other districts organized
pursuant to chapters 244A, 309, 318 and 379 of NRS, NRS 450.550 to 450.750,
inclusive, and chapters 474, 541, 543 and 555 of NRS, and any agency or
department of a county or city which prepares a budget separate from that of
the parent political subdivision.

(b) Local government includes the Nevada Rural Housing Authority for the purpose of
loans of money from a local government in a county whose population is less than 100,000 to the Nevada Rural Housing Authority in
accordance with NRS 354.6118. The term does not include the
Nevada Rural Housing Authority[.] for any other purpose.

2. An irrigation district organized pursuant to chapter
539 of NRS shall fix rates and levy assessments as provided in NRS 539.667 to
539.683, inclusive. The levy of such assessments and the posting and
publication of claims and annual financial statements as required by chapter
539 of NRS shall be deemed compliance with the budgeting, filing and
publication requirements of NRS 354.470 to 354.626, inclusive, but any such
irrigation district which levies an ad valorem tax shall
comply with the filing and publication requirements of NRS 354.470 to 354.626,
inclusive, in addition to the requirements of chapter 539 of NRS.

district which levies an ad valorem tax shall comply with the
filing and publication requirements of NRS 354.470 to 354.626, inclusive, in
addition to the requirements of chapter 539 of NRS.

3. An electric light and power district created
pursuant to chapter 318 of NRS shall be deemed to have fulfilled the
requirements of NRS 354.470 to 354.626, inclusive, for a year in which the
district does not issue bonds or levy an assessment if the district files with
the Department of Taxation a copy of all documents relating to its budget for
that year which the district submitted to the Rural Utilities Service of the
United States Department of Agriculture.

(a) Two commissioners must be appointed by the Nevada
League of Cities.

(b) Two commissioners must be appointed by the Nevada
Association of Counties.

(c) One commissioner must be appointed jointly by the
Nevada League of Cities and the Nevada Association of Counties. This
commissioner must be a current recipient of assistance from the Authority and
must be selected from a list of at least five eligible nominees submitted for
this purpose by an organization which represents tenants of housing projects
operated by the Authority. If no such organization exists, the commissioner
must be selected from a list of nominees submitted for this purpose from persons
who currently receive assistance from the Authority. If during his or her term
the commissioner ceases to be a recipient of assistance, the commissioner [must
be replaced by a person who is a recipient of assistance.] may continue to serve as a commissioner
for the remainder of the unexpired term for which he or she was appointed if he
or she resides within the area of operation of the Authority.

3. After the initial terms, the term of office of a
commissioner is 4 years or until his or her successor takes office.

4. A majority of the commissioners constitutes a quorum, and
a vote of the majority is necessary to carry any question.

5. If either of the appointing entities listed in subsection
2 ceases to exist, the pertinent appointments required by subsection 2 must be
made by the successor in interest of that entity or, if there is no successor
in interest, by the other appointing entity.

Sec. 3. NRS 315.983
is hereby amended to read as follows:

315.983 1. Except as otherwise provided in NRS 354.474
and 377.057, the Authority:

(a) Shall be deemed to be a public body corporate and
politic, and an instrumentality, local government and political subdivision of
the State, exercising public and essential governmental functions, and having
all the powers necessary or convenient to carry out the purposes and provisions
of NRS 315.961 to 315.99874, inclusive, but not the power to levy and collect
taxes or special assessments.

(b) Is not an agency, board, bureau, commission,
council, department, division, employee or institution of the State.

(d) Make and execute contracts and other instruments
necessary or convenient to the exercise of its powers.

(e) Deposit money it receives in any insured state or
national bank, insured credit union, insured savings and loan association, or
in the Local Government Pooled Long-Term Investment Account created by NRS
355.165 or the Local Government Pooled Investment Fund created by NRS 355.167.

(f) Adopt bylaws, rules and regulations to carry into
effect the powers and purposes of the Authority.

(g) Create a nonprofit organization which is exempt from
taxation pursuant to 26 U.S.C. § 501(c)(3) and which has as its principal
purpose the development of housing projects.

(h) Enter into agreements or other transactions with,
and accept grants from and cooperate with, any governmental agency or other
source in furtherance of the purposes of NRS 315.961 to 315.99874, inclusive.

(i) Enter
into an agreement with a local government in a county whose population is less than 100,000 to receive a loan of money from the
local government in accordance with NRS 354.6118.

(j) Acquire
real or personal property or any interest therein, by gift, purchase,
foreclosure, deed in lieu of foreclosure, lease, option or otherwise.

Sec. 4. NRS
315.9835 is hereby amended to read as follows:

315.9835 The State Authority may :

1. Except
as otherwise provided in subsection 2, operate in any area of the
State which is not included within the corporate limits of a city or town
having a population of 100,000 or more.

2. Provide
services in any area of the State if the State Authority has contracted with
the State or a local government to provide those services in that area. As used
in this subsection, services does not include:

(a)The
making of a mortgage loan pursuant to NRS 315.9981 to 315.99874, inclusive;

(b)The
issuance of a mortgage credit certificate;

(c)The
issuance of bonds to finance a multifamily housing project;

(d)The
allocation of a low-income housing tax credit; or

(e)Weatherization
other than an assessment or inspection of property for weatherization.

3. As used in
this section, weatherization means materials or measures, and their
installation, that are used to improve the thermal efficiency of a building,
facility, residence or structure.

Sec. 5. (Deleted by amendment.)

Sec. 6. This act becomes effective on July 1, 2011.

________

κ2011
Statutes of Nevada, Page 1380κ

CHAPTER 263, SB 436

Senate Bill No. 436Committee on Finance

CHAPTER 263

[Approved:
June 4, 2011]

AN ACT relating to
judicial retirement; transferring the responsibility to deposit certain money
for the purpose of paying pension benefits to justices of the Supreme Court or
district judges from the State of Nevada to the Court Administrator; requiring
the State of Nevada to make an appropriation for this purpose; and providing
other matters properly relating thereto.

Legislative Counsels Digest:

Section 1 of this bill transfers the
responsibility to deposit certain money for the purpose of paying pension
benefits to justices of the Supreme Court or district judges from the State of Nevada to the Court Administrator. Section 1 of this bill also requires the State of
Nevada to make an appropriation for this purpose.

EXPLANATION  Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS
1A.180 is hereby amended to read as follows:

1A.180 1. [Beginning July 1, 2003,
the]The Court
Administrator shall submit to the System for deposit in the Judicial Retirement
Fund on behalf of each justice of the Supreme Court or district judge who is a
member of the System the percentage of compensation of the member that is
determined by the actuary of the System to be required to pay the normal cost
incurred in making payments for such members pursuant to subsection 5 of NRS
1A.160 and the administrative expenses of the System that are attributable to
such members. Such payments must be:

(a) Accompanied by payroll reports that include
information deemed necessary by the Board to carry out its duties; and

(b) Received by the System not later than 15 days after
the calendar month for which the compensation and service credits of members of
the System are reported and certified by the Court Administrator. The
compensation must be reported separately for each month that it is paid.

2. [Beginning July 1, 2003, the State of Nevada]The State of Nevada shall make an
appropriation to the Court Administrator and the Court Administrator shall
pay to the System for deposit in the Judicial Retirement Fund from any fund
created for the purpose of paying pension benefits to justices of the Supreme
Court or district judges an amount as the contribution of the State of Nevada
as employer which is actuarially determined to be sufficient to provide the
System with enough money to pay the benefits for justices of the Supreme Court
and district judges for which the System will be liable.

3. Upon the participation of a justice of the peace or
municipal judge in the Judicial Retirement Plan pursuant to NRS 1A.285, the
county or city shall submit to the System for deposit in the Judicial
Retirement Fund on behalf of each justice of the peace or municipal judge who
is a member of the System the percentage of compensation
of the member that is determined by the actuary of the System to be required to
pay the normal cost incurred in making payments for such members pursuant to
subsection 5 of NRS 1A.160 and the administrative expenses of the System that
are attributable to such members.

the System the percentage of compensation of the member that
is determined by the actuary of the System to be required to pay the normal
cost incurred in making payments for such members pursuant to subsection 5 of
NRS 1A.160 and the administrative expenses of the System that are attributable
to such members. Such payments must be:

(a) Accompanied by payroll reports that include
information deemed necessary by the Board to carry out its duties; and

(b) Received by the System not later than 15 days after
the calendar month for which the compensation and service credits of members of
the System are reported and certified by the county or city. The compensation
must be reported separately for each month that it is paid.

4. Upon the participation of a justice of the peace or
municipal judge in the Judicial Retirement Plan pursuant to NRS 1A.285, the
county or city shall pay to the System for deposit in the Judicial Retirement
Fund an amount as the contribution of the county or city as employer which is
actuarially determined to be sufficient to provide the System with enough money
to pay the benefits for justices of the peace and municipal judges for which
the System will be liable.

5. Except as otherwise provided in this subsection, the
total contribution rate that is actuarially determined for members of the
Judicial Retirement Plan must be adjusted on the first monthly retirement
reporting period commencing on or after July 1 of each odd-numbered year based
on the actuarially determined contribution rate indicated in the biennial
actuarial valuation and report. The adjusted rate must be rounded to the
nearest one-quarter of 1 percent. The total contribution rate must not be
adjusted pursuant to this subsection if the existing rate is within one-half of
1 percent of the actuarially determined rate.

Sec. 2. This act becomes effective upon passage and
approval.

________

CHAPTER 264, SB 445

Senate Bill No. 445Committee on Finance

CHAPTER 264

[Approved:
June 4, 2011]

AN ACT relating to
the state militia; authorizing the rental of facilities of the Office of the
Military; and providing other matters properly relating thereto.

Legislative Counsels Digest:

Under existing law, the officer in charge of an armory,
after approval by the officers superiors, may rent out the armory or space
within the armory. Half of any rent received is deposited in the Adjutant
Generals Special Armory Account in the State General Fund, and the remainder
is placed in an armory account kept by the officer in charge of the armory.
(NRS 412.108) This bill allows the Office of the Military to rent out any other
facility of the Office and provides that any rent received will be deposited in
the State General Fund to the credit of the Office.

EXPLANATION  Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 412 of NRS is hereby amended by
adding thereto a new section to read as follows:

1. Except as
otherwise provided in NRS 412.108, the person or governmental entity applying
for the rental of any facility of the Office must execute and deliver a written
agreement which must include among its provisions his, her or its full name and
address, the purpose for which its use is desired, the nature and manner of the
intended use of the space, a reasonable rental to be paid for that use and the
amounts to be paid for heating, lighting, janitorial and other services
connected with its use. The terms and provisions of the agreement must be
governed by Office regulations issued pursuant to this chapter, which
regulations must include provisions designed to prevent unfair competition with
privately owned property and business.

2. No agreement for use made pursuant to this section is
effective until the agreement or lease has been approved and executed as
prescribed by Office regulations issued pursuant to this chapter.

3. No agreement or lease made pursuant to this section may be
assigned in whole or in part nor may space be sublet to or used by a person or
entity not a party to the agreement, unless each assignment, subletting or use
is first approved in writing by the Office.

4. All money paid or given, directly or indirectly, for the
rental of a facility or to obtain an agreement or permission to use the
facility are use fees within the meaning of this section and must be paid to
the Office to be deposited in the State General Fund for credit to the Office.

5. When the use
of a facility is by a federal, state, county or municipal bureau, agency or
department or by any of the Armed Forces of the United States or any of the
reserve components thereof, or by any unit of the reserve officers training
corps, the Adjutant General may require the execution of a contract or
agreement for that use, upon such terms and conditions as he or she prescribes.

Sec. 2. NRS 412.092
is hereby amended to read as follows:

412.092 The word armory as used in NRS 412.092 to
412.108, inclusive, and section 1
of this act, means any building, together with the grounds upon
which it is situated, used for the storage and maintenance of military property
or the training of troops, and in addition real property acquired or held in
contemplation of such use.

Sec. 3. This act becomes effective on July 1, 2011.

________

κ2011
Statutes of Nevada, Page 1383κ

CHAPTER 265, AB 419

Assembly Bill No. 419Assemblyman Goicoechea

CHAPTER 265

[Approved:
June 4, 2011]

AN ACT relating to
water; requiring the State Engineer to designate certain groundwater basins as
critical management areas in certain circumstances; requiring the State
Engineer to take certain actions in such a basin unless a groundwater
management plan has been approved for the basin; and providing other matters
properly relating thereto.

Legislative Counsels Digest:

Under existing law, the State Engineer has various
powers and duties with respect to regulating the groundwater in this State.
(Chapter 534 of NRS) Section 3 of this bill requires the State Engineer
to designate as a critical management area any basin in which withdrawals of
groundwater consistently exceed the perennial yield of the basin upon the
petition of a majority of the holders of certificates or permits to appropriate
water in the basin that are on file in the Office of the State Engineer. If a
basin is so designated for at least 10 consecutive years, section 3
requires the State Engineer to order that withdrawals of groundwater be
restricted in the basin to conform to priority rights, unless a groundwater
management plan has been approved for the basin. Section 1 of this bill
prescribes the procedure for the proposal, approval and revision of such a
plan. Section 2 of this bill includes the existence of a groundwater
management plan in a basin as a consideration for the State Engineer in
determining whether to grant a request for an extension of the time necessary
to work a forfeiture of water in such a basin.

EXPLANATION  Matter in bolded italics is new; matter between
brackets [omitted material] is material to be omitted.

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter
534 of NRS is hereby amended by adding thereto a new section to read as
follows:

1. In a basin that has been designated as a
critical management area by the State Engineer pursuant to subsection 7 of NRS
534.110, a petition for the approval of a groundwater management plan for the
basin may be submitted to the State Engineer. The petition must be signed by a
majority of the holders of permits or certificates to appropriate water in the
basin that are on file in the Office of the State Engineer and must be
accompanied by a groundwater management plan which must set forth the necessary
steps for removal of the basins designation as a critical management area.

2. In
determining whether to approve a groundwater management plan submitted pursuant
to subsection 1, the State Engineer shall consider, without limitation:

(a) The
hydrology of the basin;

(b) The physical
characteristics of the basin;

(c) The
geographic spacing and location of the withdrawals of groundwater in the basin;

(e) The wells
located in the basin, including, without limitation, domestic wells;

(f) Whether a
groundwater management plan already exists for the basin; and

(g) Any other
factor deemed relevant by the State Engineer.

3. Before
approving or disapproving a groundwater management plan submitted pursuant to
subsection 1, the State Engineer shall hold a
public hearing to take testimony on the plan in the county where the basin lies
or, if the basin lies in more than one county, within the county where the
major portion of the basin lies. The State Engineer shall cause notice of the
hearing to be:

(a) Given once
each week for 2 consecutive weeks before the hearing in a newspaper of general
circulation in the county or counties in which the basin lies.

(b) Posted on
the Internet website of the State Engineer for at least 2 consecutive weeks
immediately preceding the date of the hearing.

4. The decision
of the State Engineer on a groundwater management plan may be reviewed by the
district court of the county pursuant to NRS 533.450.

5. An amendment to a groundwater management plan must be
proposed and approved in the same manner as an original groundwater management
plan is proposed and approved pursuant to this section.

Sec. 2. NRS 534.090
is hereby amended to read as follows:

534.090 1. Except as otherwise provided in this
section, failure for 5 successive years after April 15, 1967, on the part of
the holder of any right, whether it is an adjudicated right, an unadjudicated right
or a permitted right, and further whether the right is initiated after or
before March 25, 1939, to use beneficially all or any part of the underground
water for the purpose for which the right is acquired or claimed, works a
forfeiture of both undetermined rights and determined rights to the use of that
water to the extent of the nonuse. If the records of the State Engineer or any
other documents specified by the State Engineer indicate at least 4 consecutive
years, but less than 5 consecutive years, of nonuse of all or any part of a
water right which is governed by this chapter, the State Engineer shall notify
the owner of the water right, as determined in the records of the Office of the
State Engineer, by registered or certified mail that the owner has 1 year after
the date of the notice in which to use the water right beneficially and to
provide proof of such use to the State Engineer or apply for relief pursuant to
subsection 2 to avoid forfeiting the water right. If, after 1 year after the
date of the notice, proof of beneficial use is not sent to the State Engineer,
the State Engineer shall, unless the State Engineer has granted a request to
extend the time necessary to work a forfeiture of the water right, declare the
right forfeited within 30 days. Upon the forfeiture of a right to the use of
groundwater, the water reverts to the public and is available for further
appropriation, subject to existing rights. If, upon notice by registered or
certified mail to the owner of record whose right has been declared forfeited,
the owner of record fails to appeal the ruling in the manner provided for in
NRS 533.450, and within the time provided for therein, the forfeiture becomes
final. The failure to receive a notice pursuant to this subsection does not nullify
the forfeiture or extend the time necessary to work the forfeiture of a water
right.

2. The State Engineer may, upon the request of the
holder of any right described in subsection 1, extend the time necessary to
work a forfeiture under that subsection if the request is made before the
expiration of the time necessary to work a forfeiture. The State Engineer may
grant, upon request and for good cause shown, any number of extensions, but a
single extension must not exceed 1 year. In determining whether to grant or
deny a request, the State Engineer shall, among other reasons, consider:

(a) Whether the holder has shown good cause for the
holders failure to use all or any part of the water beneficially for the
purpose for which the holders right is acquired or claimed;

(b) The unavailability of water to put to a beneficial
use which is beyond the control of the holder;

(c) Any economic conditions or natural disasters which
made the holder unable to put the water to that use;

(d) Any prolonged period in which precipitation in the
basin where the water right is located is below the average for that basin or
in which indexes that measure soil moisture show that a deficit in soil
moisture has occurred in that basin; [and]

(e) Whether
a groundwater management plan has been approved for the basin pursuant to
section 1 of this act; and

(f) Whether
the holder has demonstrated efficient ways of using the water for agricultural
purposes, such as center-pivot irrigation.

Κ The State
Engineer shall notify, by registered or certified mail, the owner of the water
right, as determined in the records of the Office of the State Engineer, of
whether the State Engineer has granted or denied the holders request for an
extension pursuant to this subsection.

3. If the failure to use the water pursuant to
subsection 1 is because of the use of center-pivot irrigation before July 1,
1983, and such use could result in a forfeiture of a portion of a right, the
State Engineer shall, by registered or certified mail, send to the owner of
record a notice of intent to declare a forfeiture. The notice must provide that
the owner has at least 1 year after the date of the notice to use the water
beneficially or apply for additional relief pursuant to subsection 2 before
forfeiture of the owners right is declared by the State Engineer.

4. A right to use underground water whether it is
vested or otherwise may be lost by abandonment. If the State Engineer, in
investigating a groundwater source, upon which there has been a prior right,
for the purpose of acting upon an application to appropriate water from the
same source, is of the belief from his or her examination that an abandonment
has taken place, the State Engineer shall so state in the ruling approving the
application. If, upon notice by registered or certified mail to the owner of
record who had the prior right, the owner of record of the prior right fails to
appeal the ruling in the manner provided for in NRS 533.450, and within the
time provided for therein, the alleged abandonment declaration as set forth by
the State Engineer becomes final.

Sec. 3. NRS 534.110
is hereby amended to read as follows:

534.110 1. The State Engineer shall administer this
chapter and shall prescribe all necessary regulations within the terms of this
chapter for its administration.

(a) Require periodical statements of water elevations,
water used, and acreage on which water was used from all holders of permits and
claimants of vested rights.

(b) Upon his or her own initiation, conduct pumping
tests to determine if overpumping is indicated, to determine the specific yield
of the aquifers and to determine permeability characteristics.

3. The State Engineer shall determine whether there is
unappropriated water in the area affected and may issue permits only if the
determination is affirmative. The State Engineer may require each applicant to
whom a permit is issued for a well:

(a) For municipal, quasi-municipal or industrial use;
and

(b) Whose reasonably expected rate of diversion is
one-half cubic foot per second or more,

Κ to report
periodically to the State Engineer concerning the effect of that well on other
previously existing wells that are located within 2,500 feet of the well.

4. It is a condition of each appropriation of
groundwater acquired under this chapter that the right of the appropriator
relates to a specific quantity of water and that the right must allow for a
reasonable lowering of the static water level at the appropriators point of
diversion. In determining a reasonable lowering of the static water level in a
particular area, the State Engineer shall consider the economics of pumping
water for the general type of crops growing and may also consider the effect of
using water on the economy of the area in general.

5. This section does not prevent the granting of
permits to applicants later in time on the ground that the diversions under the
proposed later appropriations may cause the water level to be lowered at the point
of diversion of a prior appropriator, so long as any protectable interests in
existing domestic wells as set forth in NRS 533.024 and the rights of holders
of existing appropriations can be satisfied under such express conditions. At
the time a permit is granted for a well:

(a) For municipal, quasi-municipal or industrial use;
and

(b) Whose reasonably expected rate of diversion is
one-half cubic foot per second or more,

Κ the State
Engineer shall include as a condition of the permit that pumping water pursuant
to the permit may be limited or prohibited to prevent any unreasonable adverse
effects on an existing domestic well located within 2,500 feet of the well,
unless the holder of the permit and the owner of the domestic well have agreed
to alternative measures that mitigate those adverse effects.

6. [The]Except as otherwise provided in subsection 7, the State
Engineer shall conduct investigations in any basin or portion thereof where it
appears that the average annual replenishment to the groundwater supply may not
be adequate for the needs of all permittees and all vested-right claimants, and
if the findings of the State Engineer so indicate, the State Engineer may order
that withdrawals , including,
without limitation, withdrawals from domestic wells, be
restricted to conform to priority rights.

(a) May
designate as a critical management area any basin in which withdrawals of
groundwater consistently exceed the perennial yield of the basin.

(b) Shall
designate as a critical management area any basin in which withdrawals of
groundwater consistently exceed the perennial yield of the basin upon receipt
of a petition for such a designation which is signed by a majority of the
holders of certificates or permits to appropriate water in the basin that are
on file in the Office of the State Engineer.

Κ The
designation of a basin as a critical management area pursuant to this
subsection may be appealed pursuant to NRS 533.450. If a basin has been
designated as a critical management area for at least 10 consecutive years, the
State Engineer shall order that withdrawals, including, without limitation,
withdrawals from domestic wells, be restricted in that basin to conform to
priority rights, unless a groundwater management plan has been approved for the
basin pursuant to section 1 of this act.

8. In
any basin or portion thereof in the State designated by the State Engineer, the
State Engineer may restrict drilling of wells in any portion thereof if the
State Engineer determines that additional wells would cause an undue
interference with existing wells. Any order or decision of the State Engineer
so restricting drilling of such wells may be reviewed by the district court of
the county pursuant to NRS 533.450.

Sec. 4. This act becomes effective on July 1, 2011.

________

κ2011
Statutes of Nevada, Page 1388κ

CHAPTER 266, AB 283

Assembly Bill No. 283Assemblyman Conklin

CHAPTER 266

[Approved:
June 4, 2011]

AN ACT relating to
mortgage loans; revising provisions governing the requirement for certain
mortgage agents, mortgage bankers, mortgage brokers and other employees to
register with the Nationwide Mortgage Licensing System and Registry; revising
provisions governing continuing education requirements for certain licensees;
clarifying that certain investors who deposit money with a mortgage broker are
exempt from criminal and civil liability for the acts or omissions of the
mortgage broker; revising provisions governing the employment or association of
mortgage agents; and providing other matters properly relating thereto.

Legislative Counsels Digest:

The federal Secure and Fair Enforcement for Mortgage
Licensing Act of 2008 requires that a person who originates residential
mortgage loans be licensed as a loan originator and requires that such a loan
originator be registered with the Nationwide Mortgage Licensing System and
Registry. (12 U.S.C. § 5103) Existing law in Nevada prescribes the requirements
for a license as a mortgage agent, mortgage banker, mortgage broker or a
qualified employee who is a residential mortgage loan originator, which include,
without limitation, registration with the Nationwide Mortgage Licensing System
and Registry. (NRS 645B.0137, 645E.200) Section 6 of this bill provides
that such a person is not required to register or renew with the Nationwide
Mortgage Licensing System and Registry, or provide reports of financial
condition to the Registry, if: (1) the person is not a residential mortgage
loan originator or the supervisor of a residential mortgage loan originator;
and (2) the person is not required to register pursuant to the federal Act. Section
6 also provides that such a person who voluntarily registers or renews with
the Registry shall comply with all requirements of the federal Act.

Under existing law, the Commissioner of Mortgage Lending
is required to adopt such regulations as necessary to carry out the provisions
of the federal Act. (NRS 645F.293) Section 7 of this bill provides that
the regulations must not require registration of a person who is exempt
pursuant to section 6.

Sections 1.5,2 and 4 of this bill revise
provisions governing continuing education requirements for persons who are
exempt pursuant to section 6 and who have not voluntarily registered or
renewed with the Registry. Sections 1and3 of this bill
clarify that certain investors who deposit money with a mortgage broker are
exempt from criminal and civil liability for the acts or omissions of the
mortgage broker. Section 5 of this bill revises provisions governing the
employment of or association with a mortgage agent by a mortgage broker, mortgage
banker or person who holds a certificate of exemption issued by the
Commissioner of Mortgage Lending. Section 8 of this bill repeals certain
provisions governing mortgage bankers which are included within the amendatory
provisions of section 5.

EXPLANATION  Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. The Legislature hereby finds and declares
that:

1. It is the intent of the Legislature to encourage
investment in real property in this State;

2. It is the intent of the Legislature to ensure the
integrity of transactions relating to investments in real property and the
proper regulation of the actions of persons who facilitate such transactions,
including, without limitation, mortgage brokers; and

3. It is the intent of the Legislature in enacting the
amendatory provisions of NRS 645B.175, as amended by section 3 of this act, to
clarify that the scope of the protection afforded to an investor under the
existing provisions of chapter 645B of NRS includes protections from the
imposition of any duty, responsibility, obligation or liability of a mortgage
broker on an investor who only provides money to acquire, through the actions
of a mortgage broker, ownership of or a beneficial interest in a loan secured
by a lien on real property.

Sec. 1.5. NRS
645B.0138 is hereby amended to read as follows:

645B.0138 1. A course of continuing education that is
required pursuant to this chapter must meet the requirements set forth by the
Commissioner by regulation.

2. The Commissioner shall adopt regulations:

(a) Relating to the requirements for courses of
continuing education, including, without limitation, regulations relating to
the providers and instructors of such courses, records kept for such courses,
approval and revocation of approval of such courses, monitoring of such courses
and disciplinary action taken regarding such courses.

(b) Allowing for the participation of representatives of
the mortgage lending industry pertaining to the creation of regulations
regarding such courses.

(c) Ensuring compliance with the requirements for
registration with the Registry and any other applicable federal law.

3.The regulations adopted by the Commissioner pursuant to
subsection 2 must not require a mortgage agent, mortgage banker or mortgage
broker or an employee of a mortgage banker or mortgage broker who, pursuant to
subsection 1 of section 6 of this act, is not required to register or renew
with the Registry and who has not voluntarily registered or renewed with the
Registry to complete any continuing education relating to residential mortgage
loans.

Sec. 2. NRS
645B.051 is hereby amended to read as follows:

645B.051 1. Except as otherwise provided in [this
section,]subsection
2, in addition to the requirements set forth in NRS 645B.050, to
renew a license as a mortgage broker:

(a) If the licensee is a natural person, the licensee
must submit to the Commissioner satisfactory proof that the licensee attended
at least 10 hours of certified courses of continuing education during the 12
months immediately preceding the date on which the license expires.

(b) If the licensee is not a natural person, the
licensee must submit to the Commissioner satisfactory proof that each natural
person who supervises the daily business of the licensee attended at least 10
hours of certified courses of continuing education during the 12 months
immediately preceding the date on which the license expires.

2. [The Commissioner may provide by regulation that if a person
attends more than 10 hours of certified courses of continuing education during
a 12-month period, the extra hours may be used to satisfy the requirement for
the immediately following 12-month period and for that immediately following
12-month period only.] In lieu of the continuing education requirements set forth
in paragraph (a) or (b) of subsection 1, a licensee or any natural person who
supervises the daily business of the licensee who, pursuant to subsection 1 of
section 6 of this act, is not required to register or renew with the Registry
and who has not voluntarily registered or renewed with the Registry must submit
to the Commissioner satisfactory proof that he or she attended at least 5 hours
of certified courses of continuing education during the 12 months immediately
preceding the date on which the license expires. The hours of continuing
education required by this subsection must include:

(a)At least 3 hours relating to the laws and regulations of
this State; and

(b)At least 2 hours relating to ethics.

3. As used in this section, certified course of
continuing education means a course of continuing education which relates to
the mortgage industry or mortgage transactions and which meets the requirements
set forth by the Commissioner by regulation pursuant to NRS 645B.0138.

Sec. 3. NRS
645B.175 is hereby amended to read as follows:

645B.175 1. Except as otherwise provided in this
section, all money received by a mortgage broker and his or her mortgage agents
from an investor to acquire ownership of or a beneficial interest in a loan
secured by a lien on real property must:

(a) Be deposited in:

(1) An insured depository financial institution;
or

(2) An escrow account which is controlled by a
person who is independent of the parties and subject to instructions regarding
the account which are approved by the parties.

(b) Be kept separate from money:

(1) Belonging to the mortgage broker in an account
appropriately named to indicate that the money does not belong to the mortgage
broker.

(2) Received pursuant to subsection 4.

2. Except as otherwise provided in this section, the
amount held in trust pursuant to subsection 1 must be released:

(a) Upon completion of the loan, including proper
recordation of the respective interests or release, or upon completion of the
transfer of the ownership or beneficial interest therein, to the debtor or the
debtors designee less the amount due the mortgage broker for the payment of
any fee or service charge;

(b) If the loan or the transfer thereof is not
consummated, to each investor who furnished the money held in trust; or

(c) Pursuant to any instructions regarding the escrow
account.

3. The amount held in trust pursuant to subsection 1
must not be released to the debtor or the debtors designee unless:

(a) The amount released is equal to the total amount of
money which is being loaned to the debtor for that loan, less the amount due
the mortgage broker for the payment of any fee or service charge; and

(b) The mortgage broker has provided a written
instruction to a title agent or title insurer requiring that a lenders policy
of title insurance or appropriate title endorsement, which names as an insured
each investor who owns a beneficial interest in the loan, be issued for the
real property securing the loan.

4. Except as otherwise provided in this section, all
money paid to a mortgage broker and his or her mortgage agents by a person in
full or in partial payment of a loan secured by a lien on real property, must:

(a) Be deposited in:

(1) An insured depository financial institution;
or

(2) An escrow account which is controlled by a
person who is subject to instructions regarding the account which are approved
by the parties.

(b) Be kept separate from money:

(1) Belonging to the mortgage broker in an account
appropriately named to indicate that it does not belong to the mortgage broker.

(2) Received pursuant to subsection 1.

5. Except as otherwise provided in this section, the
amount held in trust pursuant to subsection 4:

(a) Must be released, upon the deduction and payment of
any fee or service charge due the mortgage broker, to each investor who owns a
beneficial interest in the loan in exact proportion to the beneficial interest
that the investor owns in the loan; and

(b) Must not be released, in any proportion, to an
investor who owns a beneficial interest in the loan, unless the amount
described in paragraph (a) is also released to every other investor who owns a
beneficial interest in the loan.

6. An investor may waive, in writing, the right to
receive one or more payments, or portions thereof, that are released to other
investors in the manner set forth in subsection 5. A mortgage broker or
mortgage agent shall not act as the attorney-in-fact or the agent of an
investor with respect to the giving of a written waiver pursuant to this
subsection. Any such written waiver applies only to the payment or payments, or
portions thereof, that are included in the written waiver and does not affect
the right of the investor to:

(a) Receive the waived payment or payments, or portions
thereof, at a later date; or

(b) Receive all other payments in full and in accordance
with the provisions of subsection 5.

7. Upon reasonable notice, any mortgage broker
described in this section shall:

(a) Account to any investor or debtor who has paid to
the mortgage broker or his or her mortgage agents money that is required to be
deposited in a trust account pursuant to this section; and

(b) Account to the Commissioner for all money which the
mortgage broker and his or her mortgage agents have received from each investor
or debtor and which the mortgage broker is required to deposit in a trust
account pursuant to this section.

8. Money received by a mortgage broker and his or her mortgage
agents pursuant to this section from a person who is not associated with the
mortgage broker may be held in trust for not more than 45 days before an escrow account must be opened in connection with the loan.

escrow account must be opened in connection with the loan.
If, within this 45-day period, the loan or the transfer therefor is not
consummated, the money must be returned within 24 hours. If the money is so
returned, it may not be reinvested with the mortgage broker for at least 15
days.

9. If a mortgage broker or a mortgage agent receives
any money pursuant to this section, the mortgage broker or mortgage agent,
after the deduction and payment of any fee or service charge due the mortgage
broker, shall not release the money to:

(a) Any person who does not have a contractual or legal
right to receive the money; or

(b) Any person who has a contractual right to receive
the money if the mortgage broker or mortgage agent knows or, in light of all
the surrounding facts and circumstances, reasonably should know that the
persons contractual right to receive the money violates any provision of this
chapter or a regulation adopted pursuant to this chapter.

10. If a mortgage broker maintains any accounts
described in subsection 1 or subsection 4, the mortgage broker shall, in
addition to the annual financial statement audited pursuant to NRS 645B.085,
submit to the Commissioner each 6 calendar months a financial statement
concerning those trust accounts.

11. The Commissioner shall adopt regulations concerning
the form and content required for financial statements submitted pursuant to
subsection 10.

12. Any duty,
responsibility or obligation of a mortgage broker pursuant to this chapter is
not delegable or transferable to an investor, and, if an investor only provides
money to acquire ownership of or a beneficial interest in a loan secured by a
lien on real property, no criminal or civil liability may be imposed on the
investor for any act or omission of a mortgage broker.

Sec. 4. NRS
645B.430 is hereby amended to read as follows:

645B.430 1. A license as a mortgage agent issued
pursuant to NRS 645B.410 expires 1 year after the date the license is issued,
unless it is renewed. To renew a license as a mortgage agent, the holder of the
license must submit to the Commissioner each year, on or before the date the
license expires:

(a) An application for renewal;

(b) Except as otherwise provided in this section,
satisfactory proof that the holder of the license as a mortgage agent attended
at least 10 hours of certified courses of continuing education during the 12
months immediately preceding the date on which the license expires; and

(c) A renewal fee set by the Commissioner of not more
than $170.

2. In lieu
of the continuing education requirement set forth in paragraph (b) of
subsection 1, the holder of a license as a mortgage agent who, pursuant to
subsection 1 of section 6 of this act, is not required to register or renew
with the Registry and who has not voluntarily registered or renewed with the
Registry must submit to the Commissioner satisfactory proof that he or she
attended at least 5 hours of certified courses of continuing education during
the 12 months immediately preceding the date on which the license expires. The
hours of continuing education required by this subsection must include:

(a)At least 3 hours relating to the laws and regulations of
this State; and

3.If the holder of the
license as a mortgage agent fails to submit any item required pursuant to
subsection 1 or 2 to
the Commissioner each year on or before the date the license expires, the
license is cancelled. The Commissioner may reinstate a cancelled license if the
holder of the license submits to the Commissioner:

(a) An application for renewal;

(b) The fee required to renew the license pursuant to
this section; and

(c) A reinstatement fee of $75.

[3.]4. To be issued a duplicate copy of a license as a mortgage agent,
a person must make a satisfactory showing of its loss and pay a fee of $10.

[4.]5. To change the mortgage broker with whom the mortgage agent is
associated, a person must pay a fee of $10.

[5.]6. Money received by the Commissioner pursuant to this section is
in addition to any fee that must be paid to the Registry and must be deposited
in the Fund for Mortgage Lending created by NRS 645F.270.

[6. The Commissioner may provide by regulation that any hours
of a certified course of continuing education attended during a 12-month period,
but not needed to satisfy a requirement set forth in this section for the
12-month period in which the hours were taken, may be used to satisfy a
requirement set forth in this section for a later 12-month period.]

7. As used in this section, certified course of
continuing education has the meaning ascribed to it in NRS 645B.051.

Sec. 5. NRS
645B.450 is hereby amended to read as follows:

645B.450 1. A person licensed as a mortgage agent
pursuant to the provisions of NRS 645B.410 may not be associated with or
employed by more than one licensed
or registered mortgage broker or mortgage banker or person who holds a certificate of
exemption pursuant to NRS 645B.016 at the same time.

2. A mortgage broker , mortgage banker or person who holds a certificate of
exemption pursuant to NRS 645B.016 shall not associate with or
employ a person as a mortgage agent or authorize a person to be associated with
the mortgage broker , mortgage
banker or person who holds a certificate of exemption pursuant to NRS 645B.016 as
a mortgage agent if the mortgage agent is not licensed with the Division
pursuant to NRS 645B.410. Before
allowing a mortgage agent to act on its behalf, a mortgage broker, mortgage
banker or person who holds a certificate of exemption pursuant to NRS 645B.016,
must:

(a)Enter its sponsorship of the mortgage agent with the
Registry; or

(b)If the mortgage agent is not required to be registered with
the Registry, notify the Division of its sponsorship of the mortgage agent.

3. If a mortgage agent terminates his or her
association or employment with a mortgage broker , mortgage banker or person who holds a certificate of
exemption pursuant to NRS 645B.016 for any reason, the mortgage
broker , mortgage banker or person
who holds a certificate of exemption pursuant to NRS 645B.016 shall,
not later than the third business day following the date of termination:

(a) [Deliver]Remove its sponsorship of the mortgage
agent from the Registry; or

(b)If the mortgage agent is not required to be registered with
the Registry, deliver to the Division and to the mortgage agent [or
send by certified mail to]at the last known residence address of the
mortgage agent a written statement which [advises the mortgage
agent that the termination is being reported to the Division; and

(b)Deliver or send by certified mail to the Division:

(1)The license or license number of the mortgage agent;

(2) A
written statement of the circumstances surrounding the termination; and

(3)A copy of the written statement that the mortgage broker
delivers or mails to the mortgage agent pursuant to paragraph (a).] includes the name, address and license
number of the mortgage agent and a statement of the circumstances of the
termination.

Sec. 6. Chapter
645F of NRS is hereby amended by adding thereto a new section to read as
follows:

1. A mortgage
agent, mortgage banker or mortgage broker or an employee of a mortgage banker
or mortgage broker is not required to register or renew with the Registry, or provide
reports of financial condition to the Registry, if the mortgage agent, mortgage
banker, mortgage broker or employee:

(a) Is not a residential
mortgage loan originator or the supervisor of a residential mortgage loan
originator; and

(b) Is not
required to register pursuant to the provisions of the federal Secure and Fair
Enforcement for Mortgage Licensing Act of 2008.

2. A mortgage agent,
mortgage banker or mortgage broker or an employee of a mortgage banker or
mortgage broker who, pursuant to subsection 1, is not required to register or
renew with the Registry and who voluntarily registers or renews with the
Registry shall comply with all requirements of the federal Secure and Fair
Enforcement for Mortgage Licensing Act of 2008, and any regulations adopted
pursuant thereto.

3.As
used in this section, residential mortgage loan originator has the meaning
ascribed to it in NRS 645B.01325.

Sec. 7. NRS
645F.293 is hereby amended to read as follows:

645F.293 1. The Commissioner shall adopt regulations
to carry out the provisions of the federal Secure and Fair Enforcement for
Mortgage Licensing Act of 2008.

2. The regulations must include, without limitation:

(a) A method by which to allow for reporting regularly
violations of the relevant provisions of chapter 645B or 645E of NRS,
enforcement actions and other relevant information to the Registry; and

(b) A process whereby a person may challenge information
reported to the Registry by the Commissioner.

3. The regulations must not require a mortgage agent, mortgage banker or
mortgage broker or an employee of a mortgage banker or mortgage broker to
register with the
Registry if the mortgage agent, mortgage banker, mortgage broker or employee is exempt from registration pursuant to
subsection 1 of section 6 of this act.

Sec. 8. NRS 645E.292 is hereby repealed.

Sec. 9. This act becomes effective upon passage and
approval.

________

κ2011
Statutes of Nevada, Page 1395κ

CHAPTER 267, SB 213

Senate Bill No. 213Senator Schneider

CHAPTER 267

[Approved:
June 4, 2011]

AN ACT relating to
employee leasing companies; revising the requirements for the issuance or
renewal of a certificate of registration to operate an employee leasing company
in this State; and providing other matters properly relating thereto.

Legislative Counsels Digest:

Existing law requires certain applicants for the issuance
or renewal of a certificate of registration to operate an employee leasing
company in this State: (1) to maintain positive working capital throughout the
entire period covered by certain financial statements which the applicant is
required to submit with its application; or (2) if the applicant has not
maintained positive working capital throughout the specified period, to provide
a bond or certain other securities with a market value equaling the maximum
deficiency in working capital during the specified period plus $100,000. (NRS
616B.679) This bill instead requires an applicant for the issuance or renewal
of a certificate of registration to operate an employee leasing company in this
State: (1) to have positive working capital for the period covered by the
financial statements submitted with an application; or (2) if the applicant
does not have positive working capital for the period covered by the financial
statements, to provide a bond or certain other securities with a market value
equaling the maximum deficiency in working capital for the period covered by
the financial statements plus $100,000. This bill also requires that a
financial statement which is submitted with an application be prepared not more
than 13 months before the submission of the application.

EXPLANATION  Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS
616B.679 is hereby amended to read as follows:

616B.679 1. Each application must include:

(a) The applicants name and title of his or her
position with the employee leasing company.

(b) The applicants age, place of birth and social
security number.

(c) The applicants address.

(d) The business address of the employee leasing
company.

(e) The business address of the registered agent of the
employee leasing company, if the applicant is not the registered agent.

(f) If the applicant is a:

(1) Partnership, the name of the partnership and
the name, address, age, social security number and title of each partner.

(2) Corporation, the name of the corporation and
the name, address, age, social security number and title of each officer of the
corporation.

(g) Proof of:

(1) Compliance with the provisions of chapter 76
of NRS.

(2) The payment of any premiums for industrial
insurance required by chapters 616A to 617, inclusive, of NRS.

(3) The payment of contributions or payments in
lieu of contributions required by chapter 612 of NRS.

(4) Insurance coverage for any benefit plan from
an insurer authorized pursuant to title 57 of NRS that is offered by the
employee leasing company to its employees.

(h) A financial statement of the applicant setting forth
the financial condition of the employee leasing company. Except as otherwise
provided in subsection 5, the financial statement must include, without
limitation:

(1) For an application for issuance of a
certificate of registration, the most recent audited financial statement of the
applicant, which must have been completed not more than 13 months before the
date of application; or

(2) For an application for renewal of a
certificate of registration, an audited financial statement which must have
been completed not more than 180 days after the end of the applicants fiscal
year.

(i) A registration or renewal fee of $500.

(j) Any other information the Administrator requires.

2. Each application must be notarized and signed under
penalty of perjury:

(a) If the applicant is a sole proprietorship, by the
sole proprietor.

(b) If the applicant is a partnership, by each partner.

(c) If the applicant is a corporation, by each officer
of the corporation.

3. An applicant shall submit to the Administrator any
change in the information required by this section within 30 days after the
change occurs. The Administrator may revoke the certificate of registration of
an employee leasing company which fails to comply with the provisions of NRS
616B.670 to 616B.697, inclusive.

4. If an insurer cancels an employee leasing companys
policy, the insurer shall immediately notify the Administrator in writing. The
notice must comply with the provisions of NRS 687B.310 to 687B.355, inclusive,
and must be served personally on or sent by first-class mail or electronic
transmission to the Administrator.

5. A financial statement submitted with an application
pursuant to this section must be prepared in accordance with generally accepted
accounting principles, must be audited by an independent certified public
accountant licensed to practice in the jurisdiction in which the accountant is
located and must be without qualification as to the status of the employee
leasing company as a going concern. An employee leasing company that has not
had sufficient operating history to have an audited financial statement based
upon at least 12 months of operating history must present financial statements
reviewed by a certified public accountant covering its entire operating
history. [Each]The financial [statement]statements must[:] be prepared not more than 13 months
before the submission of an application and must:

(a) Indicate that the applicant has [maintained]
positive working capital, as defined by generally accepted accounting
principles, [throughout]for the period covered by the financial [statement;]statements;
or

(b) Be accompanied by a bond, irrevocable letter of
credit or securities with a minimum market value equaling the maximum
deficiency in working capital for
the period covered by the financial statements plus $100,000. The
bond, irrevocable letter of credit or securities must be held by a depository
institution designated by the Administrator to secure payment by the applicant
of all taxes, wages, benefits or other entitlements payable by the applicant.

________

κ2011
Statutes of Nevada, Page 1397κ

CHAPTER 268, AB 238

Assembly Bill No. 238Committee on Government Affairs

CHAPTER 268

[Approved:
June 4, 2011]

AN ACT relating to
local government finance; revising provisions concerning the refunding of
municipal securities related to infrastructure projects in certain counties;
and providing other matters properly relating thereto.

Legislative Counsels Digest:

Since October 1, 1999, a county has been authorized, as
part of a lending project under the County Bond Law, to acquire securities
issued by a municipality located wholly or partially within the county: (1) to
undertake one or more infrastructure projects; or (2) to refund those
securities. In the latter case, a countys authority is limited to acquiring
only those securities issued to refund municipal securities for infrastructure
projects that were previously acquired by the county. (NRS 244A.0343, 244A.064)
This bill partially eliminates this limitation on a countys authority in a
county whose population is 100,000 or more but less than 700,000 (currently
Washoe County) and thereby allows such a county to acquire securities that were
issued by a water authority for water projects regardless of whether those
securities are held by the county or another entity. However, such a county may
only acquire those municipal securities issued for purposes of refunding if the
initial securities for the water projects were issued by the municipality on or
after October 1, 1999.

EXPLANATION  Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS
244A.0343 is hereby amended to read as follows:

244A.0343 Lending project means :

1. In a
county whose population is 100,000 or more but less than 700,000, the
acquisition of municipal securities issued by a water authority located wholly or partially within the
county acquiring the municipal securities for one or more infrastructure
projects which consist of capital improvements
for a water system or
for the refunding of municipal securities issued on or after October 1, 1999, for one or more infrastructure projects which consist of capital improvements for a water system or any combination thereof.

2. In all
other counties, the acquisition of municipal securities issued by
a municipality located wholly or partially within the county acquiring the
municipal securities for one or more infrastructure projects or for the
refunding of municipal securities previously acquired as part of a lending
project by a county for one or more infrastructure projects or any combination
thereof.

3. Provide by ordinance for its standards, policies and
procedures for financing lending projects.

4. Acquire and hold municipal securities and execute
the rights of the holder of those municipal securities.

5. Sell or otherwise dispose of municipal securities
unless the county is limited by any agreement that is related to those
securities.

6. [Refund any county general obligations issued for a lending
project if]If
the county and the municipality agree to the disposition of any
savings resulting from the refunding[.] :

(a) In a
county whose population is 100,000 or more but less than 700,000, refund:

(1) Any
county general obligations issued for a lending project;

(2) Any
municipal securities issued on or after October 1, 1999, for one or more
infrastructure projects which consist of
capital improvements for a water system; or

(3) Any
combination of subparagraphs (1) and (2).

(b) In all
other counties, refund any county general obligations issued for a lending
project.

7. Require payment by a municipality that participates
in a lending project of the fees and expenses of the county in connection with
the lending project.

8. Secure the payment of county general obligations
issued for a lending project with a pledge of revenues of the lending project.
If the revenues of a lending project are formally pledged to the county bonds
issued to finance a lending project, the board may treat the revenues of the
lending project financed by an issue of county general obligation bonds as
pledged revenues pursuant to subsection 3 of NRS 350.020.

Sec. 3. This act becomes effective upon passage and approval.

________

κ2011
Statutes of Nevada, Page 1399κ

CHAPTER 269, SB 142

Senate Bill No. 142Committee on Commerce, Labor and
Energy

CHAPTER 269

[Approved:
June 4, 2011]

AN ACT relating to
motor vehicles; prohibiting operators of tow cars from imposing certain fees
under certain circumstances; authorizing an insurer to take possession of a motor vehicle
upon obtaining the consent of the owner ofthe motor vehicle or the authorized agent
of the owner under certain circumstances; and providing other matters properly
relating thereto.

Legislative Counsels Digest:

Existing law prohibits a tow car operator who stores a
motor vehicle that was towed at the request of a law enforcement officer
following an accident involving the vehicle from charging the owner of the
vehicle a fee for the towing and storage of the vehicle for more than 21 days
after placing the vehicle in storage. (NRS 706.4479) Section 1.5 of this
bill also prohibits a tow car operator who tows and stores such a vehicle from
imposing any administrative or processing fee, or any fee relating to the
auction of the vehicle, for the first 4 business days after the date on which
the vehicle was placed in storage, but provides no limitation on the period
during which those fees may be imposed.

Section 3 of this bill provides that the owner of
a motor vehicle who makes a claim under an insurance policy for damages to the
vehicle or the authorized agent of the owner may give consent for the insurer:
(1) to tow and store the vehicle at the insurers expense if the insurer
provides notice to the owner that it has declared the vehicle a total loss; or
(2) to tow the vehicle to a repair shop designated by the owner if the vehicle
is a repairable vehicle. Section 1 of this bill provides that an insurer
may obtain possession of a motor vehicle from a tow car operator if the insurer
provides the operator with a form which indicates that the owner of the motor
vehicle or his or her agent has consented to the release of the motor vehicle. Section
1 requires the Commissioner of Insurance to adopt a standard consent form,
which must include: (1) the name of the owner of the motor vehicle or his or
her agent from whom the insurer obtained consent; (2) the name of the insurer
or his or her agent who obtained the consent and the date on which the consent
was obtained; (3) a statement that the insurer obtained the consent of the
owner or his or her agent pursuant to section 3; (4) the policy number
of the policy of motor vehicle insurance applicable to the motor vehicle; (5)
the vehicle identification number of the motor vehicle; (6) the model year and
make of the motor vehicle; (7) a statement that the insurer will indemnify the
operator for any liability relating to the release of the motor vehicle to the
insurer; and (8) any other information required by the Commissioner. Section
1 also provides that a tow car operator who releases a motor vehicle to an
insurer upon receipt of a consent form which complies with the requirements
established by the Commissioner is not liable in any civil or criminal action
for any act related to the release of the motor vehicle to the insurer.

EXPLANATION  Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.

THE PEOPLE OF THE STATE
OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter
706 of NRS is hereby amended by adding thereto a new section to read as
follows:

1.If a
motor vehicle is towed at the request of someone other than the owner or an
authorized agent of the owner, an insurer may obtain possession of the motor
vehicle from the operator of the tow car if the insurer:

(a)Obtains
the consent of the owner or authorized agent of the owner pursuant to section 3
of this act; and

(b)Provides
to the operator of the tow car a consent form which satisfies the requirements
of subsection 2.

2.The
Commissioner of Insurance shall, by regulation, establish a standard consent
form for the purposes of this section, which must include, without limitation:

(a)The
name of the owner of the motor vehicle or the authorized agent of the owner
from whom the insurer obtained consent pursuant to section 3 of this act;

(b)The
name of the insurer or his or her agent who obtained the consent of the owner
or the authorized agent of the owner pursuant to section 3 of this act and the
date on which the consent was obtained;

(c)A
statement that the insurer obtained the consent of the owner or the authorized
agent of the owner pursuant to section 3 of this act;

(d)The
policy number of the policy of motor vehicle insurance applicable to the motor
vehicle;

(e)The
vehicle identification number of the motor vehicle;

(f)The
model year and make of the motor vehicle;

(g)A
statement that the insurer will indemnify the operator of the tow car for any
liability relating to the release of the motor vehicle to the insurer; and

(h)Any
other information required by the Commissioner of Insurance.

3.An
operator of a tow car is not liable in any civil or criminal action for any act
related to the release of a motor vehicle to an insurer pursuant to a consent
form provided to the operator of the tow car by an insurer pursuant to
subsection 1.

Sec. 1.1. NRS
706.011 is hereby amended to read as follows:

706.011 As used in NRS 706.011 to 706.791, inclusive, and section 1 of this act,
unless the context otherwise requires, the words and terms defined in NRS
706.013 to 706.146, inclusive, have the meanings ascribed to them in those
sections.

Sec. 1.2. NRS
706.166 is hereby amended to read as follows:

706.166 The Authority shall:

1. Subject to the limitation provided in NRS 706.168
and to the extent provided in this chapter, supervise and regulate:

(a) Every fully regulated carrier and broker of
regulated services in this State in all matters directly related to those
activities of the motor carrier and broker actually necessary for the
transportation of persons or property, including the handling and storage of
that property, over and along the highways.

(b) Every operator of a tow car concerning the rates and
charges assessed for towing services performed without the prior consent of the
operator of the vehicle or the person authorized by the owner to operate the
vehicle and pursuant to the provisions of NRS 706.011 to 706.791, inclusive[.] , and section 1 of this act.

2. Supervise and regulate the storage of household
goods and effects in warehouses and the operation and maintenance of such warehouses
in accordance with the provisions of this chapter and chapter 712 of NRS.

3. Enforce the standards of safety applicable to the
employees, equipment, facilities and operations of those common and contract
carriers subject to the Authority or the Department by:

(a) Providing training in safety;

(b) Reviewing and observing the programs or inspections
of the carrier relating to safety; and

(c) Conducting inspections relating to safety at the
operating terminals of the carrier.

4. To carry out the policies expressed in NRS 706.151,
adopt regulations providing for agreements between two or more fully regulated
carriers or two or more operators of tow cars relating to:

(a) Fares of fully regulated carriers;

(b) All rates of fully regulated carriers and rates of
operators of tow cars for towing services performed without the prior consent
of the owner of the vehicle or the person authorized by the owner to operate
the vehicle;

(c) Classifications;

(d) Divisions;

(e) Allowances; and

(f) All charges of fully regulated carriers and charges
of operators of tow cars for towing services performed without the prior
consent of the owner of the vehicle or the person authorized by the owner to
operate the vehicle, including charges between carriers and compensation paid
or received for the use of facilities and equipment.

Κ These
regulations may not provide for collective agreements which restrain any party
from taking free and independent action.

5. Review decisions of the Taxicab Authority appealed
to the Authority pursuant to NRS 706.8819.

Sec. 1.3.NRS
706.321 is hereby amended to read as follows:

706.321 1. Except as otherwise provided in subsection
2, every common or contract motor carrier shall file with the Authority:

(a) Within a time to be fixed by the Authority,
schedules and tariffs that must:

(1) Be open to public inspection; and

(2) Include all rates, fares and charges which the
carrier has established and which are in force at the time of filing for any
service performed in connection therewith by any carrier controlled and
operated by it.

(b) As a part of that schedule, all regulations of the
carrier that in any manner affect the rates or fares charged or to be charged
for any service and all regulations of the carrier that the carrier has adopted
to comply with the provisions of NRS 706.011 to 706.791, inclusive[.] , and section 1 of this act.

(a) Within a time to be fixed by the Authority,
schedules and tariffs that must:

(1) Be open to public inspection; and

(2) Include all rates and charges for towing
services performed without the prior consent of the owner of the vehicle or the
person authorized by the owner to operate the vehicle which the operator has
established and which are in force at the time of filing.

(b) As a part of that schedule, all regulations of the
operator of the tow car which in any manner affect the rates charged or to be
charged for towing services performed without the prior consent of the owner of
the vehicle or the person authorized by the owner to operate the vehicle and
all regulations of the operator of the tow car that the operator has adopted to
comply with the provisions of NRS 706.011 to 706.791, inclusive[.] , and section 1 of this act.

3. No changes may be made in any schedule, including
schedules of joint rates, or in the regulations affecting any rates or charges,
except upon 30 days notice to the Authority, and all those changes must be
plainly indicated on any new schedules filed in lieu thereof 30 days before the
time they are to take effect. The Authority, upon application of any carrier,
may prescribe a shorter time within which changes may be made. The 30 days
notice is not applicable when the carrier gives written notice to the Authority
10 days before the effective date of its participation in a tariff bureaus
rates and tariffs, provided the rates and tariffs have been previously filed
with and approved by the Authority.

4. The Authority may at any time, upon its own motion,
investigate any of the rates, fares, charges, regulations, practices and
services filed pursuant to this section and, after hearing, by order, make such
changes as may be just and reasonable.

5. The Authority may dispense with the hearing on any
change requested in rates, fares, charges, regulations, practices or service
filed pursuant to this section.

6. All rates, fares, charges, classifications and joint
rates, regulations, practices and services fixed by the Authority are in force,
and are prima facie lawful, from the date of the order until changed or
modified by the Authority, or pursuant to NRS 706.2883.

7. All regulations, practices and service prescribed by
the Authority must be enforced and are prima facie reasonable unless suspended
or found otherwise in an action brought for the purpose, or until changed or
modified by the Authority itself upon satisfactory showing made.

Sec. 1.4. NRS
706.4463 is hereby amended to read as follows:

706.4463 1. In addition to the other requirements of
this chapter, each operator of a tow car shall, to protect the health, safety
and welfare of the public:

(a) Obtain a certificate of public convenience and
necessity from the Authority before the operator provides any services other
than those services which the operator provides as a private motor carrier of
property pursuant to the provisions of this chapter;

(b) Use a tow car of sufficient size and weight which is
appropriately equipped to transport safely the vehicle which is being towed;
and

(c) Comply with the provisions of NRS 706.011 to
706.791, inclusive[.] , and section 1 of this act.

2. A person who wishes to obtain a certificate of
public convenience and necessity to operate a tow car must file an application
with the Authority.

3. The Authority shall issue a certificate of public
convenience and necessity to an operator of a tow car if it determines that the
applicant:

(a) Complies with the requirements of paragraphs (b) and
(c) of subsection 1;

(b) Complies with the requirements of the regulations
adopted by the Authority pursuant to the provisions of this chapter;

(c) Has provided evidence that the applicant has filed
with the Authority a liability insurance policy, a certificate of insurance or a
bond of a surety and bonding company or other surety required for every
operator of a tow car pursuant to the provisions of NRS 706.291; and

(d) Has provided evidence that the applicant has filed
with the Authority schedules and tariffs pursuant to subsection 2 of NRS
706.321.

4. An applicant for a certificate has the burden of
proving to the Authority that the proposed operation will meet the requirements
of subsection 3.

5. The Authority may hold a hearing to determine
whether an applicant is entitled to a certificate only if:

(a) Upon the expiration of the time fixed in the notice
that an application for a certificate of public convenience and necessity is
pending, a petition to intervene has been granted by the Authority; or

(b) The Authority finds that after reviewing the
information provided by the applicant and inspecting the operations of the
applicant, it cannot make a determination as to whether the applicant has
complied with the requirements of subsection 3.

Sec. 1.5. NRS
706.4479 is hereby amended to read as follows:

706.4479 1. If a motor vehicle is towed at the request
of someone other than the owner, or authorized agent of the owner, of the motor
vehicle, the operator of the tow
car shall, in addition to the requirements set forth in the
provisions of chapter 108 of NRS:

(a) Notify the registered and legal owner of the motor
vehicle by certified mail not later than 21 days after placing the motor
vehicle in storage if the motor vehicle was towed at the request of a law
enforcement officer following an accident involving the motor vehicle or not
later than 15 days after placing any other vehicle in storage:

(1) Of the location where the motor vehicle is
being stored;

(2) Whether the storage is inside a locked
building, in a secured, fenced area or in an unsecured, open area;

(3) Of the charge for towing and storage;

(4) Of the date and time the vehicle was placed in
storage;

(5) Of the actions that the registered and legal
owner of the vehicle may take to recover the vehicle while incurring the lowest
possible liability in accrued assessments, fees, penalties or other charges;
and

(6) Of the opportunity to rebut the presumptions
set forth in NRS 487.220 and 706.4477.

(b) If the identity of the registered and legal owner is
not known or readily available, make every reasonable attempt and use all
resources reasonably necessary, as evidenced by written documentation, to
obtain the identity of the owner and any other necessary
information from the agency charged with the registration of the motor vehicle
in this State or any other state within:

identity of the owner and any other necessary information
from the agency charged with the registration of the motor vehicle in this
State or any other state within:

(1) Twenty-one days after placing the motor
vehicle in storage if the motor vehicle was towed at the request of a law
enforcement officer following an accident involving the motor vehicle; or

(2) Fifteen days after placing any other motor
vehicle in storage.

Κ The operator
shall attempt to notify the owner of the vehicle by certified mail as soon as
possible, but in no case later than 15 days after identification of the owner
is obtained for any motor vehicle.

2. If an operator includes in the operators tariff a
fee to be charged to the registered and legal owner of a vehicle for the towing
and storage of the vehicle, the fee may not be charged:

(a) For more than 21 days after placing the motor
vehicle in storage if the motor vehicle was towed at the request of a law
enforcement officer following an accident involving the motor vehicle; or

(b) For more than 15 days after placing any other
vehicle in storage,

Κ unless the
operator complies with the requirements set forth in subsection 1.

3. If a
motor vehicle that is placed in storage was towed at the request of a law
enforcement officer following an accident involving the motor vehicle, the
operator shall not:

(a)Satisfy
any lien or impose
any administrative fee or processing fee with respect to the motor vehicle for
the period ending 4 business days after the date on which the motor
vehicle was placed in storage ; or

(b)Impose
any fee relating to the auction of the motor vehicle until after the operator
complies with the notice requirements set forth in NRS 108.265 to 108.367,
inclusive.

Sec. 1.6. NRS
706.4483 is hereby amended to read as follows:

706.4483 1. The Authority shall act upon complaints
regarding the failure of an operator of a tow car to comply with the provisions
of NRS 706.011 to 706.791, inclusive[.] , and section 1 of this act.

2. In addition to any other remedies that may be
available to the Authority to act upon complaints, the Authority may order the
release of towed motor vehicles, cargo or personal property upon such terms and
conditions as the Authority determines to be appropriate.

Sec. 2. (Deleted by amendment.)

Sec. 3. Chapter
690B of NRS is hereby amended by adding thereto a new section to read as
follows:

The owner of a
motor vehicle or the authorized agent of the owner who makes a claim under a
policy of insurance for damages to the motor vehicle may give his or her
consent for:

1.If the
insurer provides notice to the owner or the authorized agent of the owner that
the motor vehicle is a total loss vehicle as that term is defined in NRS
487.790, the motor vehicle to be towed and placed in storage at the direction
and expense of the insurer; or

2.If the
insurer provides notice to the owner or the authorized agent of the owner that
the motor vehicle is a repairable vehicle, the motor vehicle to be towed to a
repair shop designated by the owner or the authorized agent of the owner.